
Class LSxS?.^ 
Book_ 



THE SCHOOL LAW 



OF THE 



State of Colorado 



AS AMENDED TO DATE 



1903 




DENVER, COLORADO: 
THE SMITH-BROOKS PRINTING CO., STATE PRINTERS. 

1903. 



THE SCHOOL LAW 



OF THE 



State of Colorado 



AS AMENDED TO DATE 



1903 




DENVER, COLORADO: 

THE SMITH-BROOKS PRINTING CO., STATE PRINTERS. 

1903. 



>.3F' 









THIS PAMPHLET IS STATE PROPERTY. 

School officers on retiring from office should de- 
liver this book, with all other papers and documents 
of an official character, to their successors in office. 



By^fcransfeT- 

APR 190^ 



PREFACE. 

The contents of this pamphlet include: 

Sections 7 and 14 of the Enabling Act ; 

Sections 1 and G of Article VII ; Article IX ; 
Section 5 of Article X ; Sections 1, 2 and 7 of Article 
XI ; Sections 8, 9 and 10 of Article XIV of the State 
Constitution ; 

The School Law of the State, as amended to 
date; 

The law of public contracts; 

The law providing for a study of the nature of 
alcoholic drinks and narcotics, and for humane in- 
struction. 

The law establishing Arbor Day; 

The law relating to compulsory education; 

The law organizing a State Normal School ; Colo- 
rado School for the Deaf and Blind; providing for 
Kindergartens ; 

The law providing for the establishment of Tru- 
ant or Parental Schools; 

The law fixing compensation of county superin- 
tendents and deputies; 

The law providing for the purchase and display 
of flags ; 

The law defining rate of taxation for school pur- 
poses ; 

The law fixing rate of interest on school orders 
and warrants; 

The law establishing high schools in fourth and 
fifth-class counties; 

The law providing for the organization of schools 
of Central City and Black Hawk under general law ; 

Blank forms for the use of school officers and 
teachers ; 

This edition of the School Law is issued under 
Section 3973, Mills Annotated Statutes. 

The references to Mills Annotated Statutes are 
to volume 2, unless otherwise designated. 

HELEN L. GRENFELL, 
Superintendent of Public Instruction, 



SECTIONS VII AND XIV OF THE ENABLING 

ACT. 



Sec. 7. That sections numbered sixteen and 
thirty-six in every township, and where such sections 
have been sold or otherwise disposed of by any act 
of congress, other lands equivalent thereto in legal 
subdivisions of not more than one quarter-section, 
and as contiguous as may be, are hereby granted to 
said State for the support of common schools. 

Sec. 14. That the two sections of land in 
each township herein granted for the support of com- 
mon schools shall be disposed of only at public sale, 
and at a price not less than two dollars and fifty 
cents per acre, the proceeds to constitute a perma- 
nent school fund, the interest of which is to be ex- 
pended in the support of common schools. 



SELECTIONS 

FROM THE 

Constitution of the State of Colorado 

Touching Public Schools and School Officers. 



ARTICLE VII. 

SUFFRAGE AND ELECTIONS. 

Sec. 1. Every person over the age of twenty- 
one years, possessing the following qualifications, 
shall be entitled to vote at all elections: He or she 
shall be a citizen of the United States, and shall have 
resided in the State twelve months immediately pre- 
ceding the election at which he offers to vote, and in 
the county, city, town, ward or precinct, such time as 
may be prescribed by law. 

1. He shall have resided in the county 90 days, in the city 
or town 30 days, and in the ward or precinct 10 days (Laws of '03, 
p. 214), and in the school district 30 days (School Law, Sec. 45). 

****** 

Sec. 6. No person except a qualified elector shall 
be elected or appointed to any civil or military office 
in the state. 

ARTICLE IX. 

EDUCATION. 

Sec. 1. The general stipervision of the pub- 
lic schools of the State shall be vested in a board of 
education, whose powers and duties shall be pre- 



6 SCHOOL LAWS OF THE STATE OF COLORADO. 

scribed by law; the Superintendent of Public In- 
struction, the Secretary of State and Attorney Gen- 
eral shall constitute the board, of which the Super- 
intendent of Public Instruction shall be president. 

1. Superintendent of t'ublic Instruction an officer of ex- 
ecutive department. Art. IV., Sec. 1. 

2. Qualifications of Superintendent. Art. IV., Sec. 4. 

3. Ex officio state librarian. Art. IV., Sec. 20. 

Sec. 2. The general assembly shall, as soon as 
practicable, provide for the establishment and main- 
tenance of a thorough and uniform system of free 
public schools throughout the State, wherein all res- 
idents of the State between the ages of six and 
twenty-one years may be educated gratuitously. 
One or more public schools shall be maintained in 
each school district within the State, at least three 
months in each, year; any school district failing to 
have such school shall not be entitled to receive any 
portion of the school fund for that year. 

Sec. 3. The public school fund of the State shall 
forever remain inviolate and intact; the interest 
thereon only shall be expended in the maintenance of 
the schools of the State, and shall be distributed 
amongst the several counties and school districts 
of the State, in such manner as may be prescribed by 
law. No part of this fund, principal or interest, shall 
ever be transferred to any other fund, or used or ap- 
propriated, except as herein provided. The State 
Treasurer shall be the custodian of this fund, and the 
same shall be securely and profitably invested, as 
may be by law directed. The State shall supply all 
losses thereof that may in any manner occur. 

Sec. 4. Each county treasurer shall collect all 
school funds belonging to his county, and the several 
school districts therein, and disburse the same to the 
proper districts, upon warrants drawn by the county 
superintendent, or by the proper district authorities, 
as may be provided by law. 



SCHOOL LAWS OF THE STATE OF COLORADO. T 

Sec. 5. The public school fund of the State shall 
consist of the proceeds of such lands as have hereto- 
fore been, or may hereafter be, granted to the State 
b.y the general g:overnment for educational purposes; 
all estates that may escheat to the State; also, all 
other grants, gifts or devises that may be made to 
this State for educational purposes. 

Sec. 6. There shall be a county superintendent 
of schools in each county, whose term of office shall 
be two years, and whose duties, qualifications and 
compensation shall be prescribed by law. He shall 
be ex officio commissioner of lands within his county, 
and shall discharge the duties of said office under the 
direction of the State Board of Land Commissioners, 
as directed by law. 

Sec. 7. Neither the general assembly, nor any 
county, city, town, township, school district or other 
public corporation, shall ever make any appropria- 
tion, or pay from any public fund or moneys what- 
ever, anything in aid of any church or sectarian so- 
ciety, or for any sectarian purpose, or to help sup- 
port or sustain any school, academy, seminary, col- 
lege, university or other literary or scientific insti- 
tution, controlled by any church or sectarian denom- 
ination whatsoever; nor shall any gTant or donation 
of land, money, or other personal property, ever be 
made by the State, or any such public corporation, 
to any church,' or for any sectarian purpose. 

Sec. 8. No religious test or qualification shall 
ever be required of any person as a condition of ad- 
mission into any public educational institution of the 
State, either as teacher or student; and no teacher or 
student of any such institution shall ever be. required 
to attend, or participate in, any religious service 
whatever. No sectarian tenets or doctrines shall 
ever be taught in the public schools, nor shall any 
distinction or classification of pupils be made on ac- 
count of race or color. 



8 SCHOOL LAWS OF THE STATE OP COLORADO. 

Sec. 9. The Governor, Superintendent of Public 
Instruction, Secretary of State and Attorney General 
shall constitute the State Board of Land Commission- 
ers, who shall have the direction, control and disposi- 
tion of the public lands of the State, under such reg- 
ulations as may be prescribed by law. 

1. As to who constitutes board of land commissioner^, see 
L. '87, p. 331, Sec. 1; Mills Ann. St., Sec. 3627. 

Sec. 10. It shall be the duty of the State Board 
of Land Commissioners to provide for the location, 
protection, sale, or other disposition of all the lands 
heretofore, or which may hereafter, be granted to the 
State by the general government, under such regula- 
tions as may be prescribed by law ; and in such man- 
ner as will secure the maximum possible amount 
therefor. No law shall ever be passed by the general 
assembly gTanting any privileges to persons who may 
have settled upon any such public lands subsequent 
to the survey thereof by the general government, by 
which the amount to be derived by the sale, or other 
disposition, of such lands, shall be diminished, di- 
rectly or indirectly. The general assembly shall, at 
the earliest practicable period, provide by law that 
the several grants of land made by congress to the 
State shall be judiciously located and carefully pre- 
served and held in trust, subject to disposal, for the 
use and benefit of the respective objects for which said 
grants of land were made, and the general assembly 
shall provide for the sale of said lands from time to 
time ; and for the faithful application of the proceeds 
thereof, in accordance with the terms of said grant. 

Sec. 11. The general assembly may require, by 
law, that every child of sufficient mental and physical 
abilitj , shall attend the public school, during the pe- 
riod between the ages of six and eighteen years, for a 
time equivalent to three years, unless educated by 
other means. 

i. Kindergartens, p. 100. 



SCHOOL LAWS OF THE STATE OF COLORADO. 9 

Sec. 12. There shall be elected by the qualified 
electors of the State, at the first general election un- 
der this constitution, six regents of the university, 
who shall immediately after their election, be so class- 
ified by lot, that two shall hold their office for the term 
of two 3^ears, two for four years, and two for six years ; 
and every two years after the first election, there shall 
be elected two regents of the university, whose term 
of office shall be six years. The regents thus elected, 
and their successors, shall constitute a body corjjo- 
rate, to be known by the name and style of "The Re- 
gents of the University of Colorado." 

1. The r,egents are a body corporate. Mills Ann. St., Sec. 
4587. 

Sec. 13. The regents of the university shall, at 
their first meeting, or as soon thereafter as practi- 
cable, elect a president of the university, who shall 
hold his office until removed by the Board of Regents 
for cause; he shall be ex officio a member of the 
board, with the privilege of speaking, but not of vot- 
ing, except in cases of a tie; he shall preside at the 
meetings of the board, and be the principal executive 
officer of the university, and a member of the faculty 
thereof. 

Sec. 14. The Board of Regents shall have the 
general supervision of the university, and the exclu- 
sive control and direction of all funds of, and appro- 
priations to the university. 

Sec. 15. The general assembly shall, b}^ law, pro- 
vide for organization of school districts of convenient 
size, in each of which shall, be established a board of 
education, to consist of three or more directors, to be 
elected by the qualified electors of the district. Said 
directors shall have control of instruction in the pub- 
lic schools of their respective districts. 

Sec. 16. Neither the general assembly nor the 
State Board of Education shall have power to pre- 
scribe text books to be used in the public schools. 



10 SCHOOL LAWS OF THE STATE OF COLORADO. 



ARTICLE X. 

Sec. 5. Lots, with the buildings thereon, if 
said buildings are used solely and exclusively for re- 
ligious worship, for schools, or for strictly charitable 
purposes, also cemeteries not used or held for private 
or corporate profit, shall be exempt from taxation, 
unless otherwise provided by general law. 

ARTICLE XL 

PUBLIC INDEBTEDNESS. 

Sec. 1. Neither the State, nor any county, 
city, town, township or school district, shall lend or 
pledge the credit or faith thereof, directly or indi- 
rectly, in any manner to, or in aid of, any person, 
company or corporation, public or private, for any 
amount or for any purpose whatever, or become re- 
sponsible for any debt, contract or liability of any 
person, company or corporation, public or private, in 
or out of the State. 

Sec. 2. Neither the State nor any county, city, 
town, township or school district shall make any do- 
nation or grant to, or in aid of, or become a sub- 
scriber to, or shareholder in, any corporation or com- 
pany, or a joint owner with any person, company or 
corporation, public or private, in or out of the State, 
except as to such ownership as may accrue to the 
State by escheat, or by forfeiture, by operation or 
provision of law ; and except as to such ownership as 
may accrue to the State, or to any county, city, town, 
township or school district, or to either or any of 
them, jointly with any person, company or corpora-, 
tion, by forfeiture or sale of real estate for non-pay- 
ment of taxes, or by donation or devise for public use, 
or by purchase by or on behalf of any or either 
of them, jointly with any or either of them, under 
execution in cases of fines, penalties or forfeiture of 



SCHOOL LAWS OF THE STATE OF COLORADO. 11 

recognizance, breach of condition of official bond, or 
of bond to secure public moneys, or the performance 
of any contract in which they or any of them may 
be jointly or severally interested. 

****** 

Sec. 7. No debt by loan in any form shall be 
contracted by any school district for the purpose of 
erecting and furnishing school buildings, or purchas- 
ing grounds, unless the proposition to create such 
debt shall first be submitted to such qualified electors 
of the district as shall have paid a school tax therein, 
in the year next preceding such election, and a ma- 
jority of those voting thereon shall vote in favor of 
incurring such debt. 

ARTICLE XIV. 

Sec. 8. There shall be elected in each county, on 
the first Tuesday in October, in the year one thou- 
sand eight hundred and seventy-seven, and every al- 
ternate year forever thereafter, one county clerk, who 
shall be ex officio recorder of deeds and clerk of the 
board of county commissioners; one sheriff, one cor- 
oner, one treasurer, who shall be collector of taxes, 
one county superintendent of schools, one county sur- 
veyor, and one county assessor. 

Sec. 9. In case of a vacancy occurring in the 
office of county commissioner, the governor shall fill 
the same by appointment; and in the case of a va- 
cancy in any other county office, or in any precinct 
office, the board of county commissioners shall fill the 
same by appointinent ; and the person appointed shall 
hold the office until the next general election, or until 
the vacancy be filled by election according to law. 

Sec. 10. No person shall be eligible to any 
county office unless he be a qualified elector; nor 
unless he shall have resided in the county one year 
preceding his election. 



12 SCHOOL LAWS OF THE STATE OF COLORADO. 



SCHOOL LAWS. 



An Act to establish and maintain a system of free schools, 
approved March 20, 1877, as amended by subsequent general as- 
semblies. 

STATE BOARD OF EDUCATION. 

Who Constitute State Board. 

Sec. 1. The Superintendent of Public Instruc- 
tion, tlie Secretary of State and Attorney Gen- 
eral, shall constitute a State Board of Education, of 
which the Superintendent of Public Instruction shall 
be president. [G. L. '77, p. 807, Sec. 2447; G. S. '83, 
p. 879, Sec. 2996 ; Mills Ann. St., Sec. 3965. 

1. See Constitution, Art. IX., Sec. 1. 
When Board Meets — By-Laws. 

Sec. 2. The State Board of Education shall meet 
at the State capitol on the last Saturday in Decem- 
ber in each year, and at such other times and places 
as may by them be deemed necessary, and shall have 
power to adopt any rules and regulations not incon- 
sistent with law, for its own government, and for the 
government of the public schools. [G. L. '77, p. 807, 
Sec. 2448 ; G. S. '83, p. 879, Sec. 2997 ; Mills Ann. St., 
Sec. 3966. 

Grant Diplomas — Effect. 

Sec. 3. The State Board of Education is hereby 
authorized to grant state diplomas to such teachers as 
may be found to possess the requisite scholarship and 
culture, and who may also exhibit satisfactory evi- 
dence of an unexceptional moral character and whose 
eminent professional ability has been established by 
not less than two years' successful teaching in the 
public schools of this State. Such diplomas shall su- 



SCHOOL LAWS OF THE STATE OE COLORADO. 13 

persede the necessity of any and all other examina- 
tions of persons holding the same, by county, city, 
town or local examiners, and shall be valid in any 
county, city, town or district in the State, for the 
grade of work indicated, unless revoked by the State 
Board of Education. [L. '99, p. 338, Sec. 1, amending 
G. ^L. '77, p. 807, Sec. 2449 ; amended L. '81, pp. 211, 
212, Sec. 1 ; G. S. '83, p. 879, Sec. 2998 ; Mills Ann. St., 
Sec. 3967. 

state Diplomas. 

Sec. 4. State diplomas, which may be of differ- 
ent classes, not to exceed three in number, shall be 
granted upon public examination, of which due notice 
shall be given, in such branches and upon such terms 
and by such State Board of Examiners as the Super- 
intendent of Public Instruction, the President of the 
State University, the President of the State Agri- 
cultural College, the President of the State School of 
Mines and the President of the State Normal School 
may appoint ; provided, that the State Superintendent 
of Public Instruction shall be a member of said Board 
and the presiding officer thereof. The State Board of 
Education may also, upon the recommendation of the 
State Board of Examiners, grant State diplomas with- 
out examination, to persons who, in addition to good 
moral character and scholarly attainments, have ren- 
dered eminent services in the educational work of the 
State for a period of not less than six years. Such 
diplomas may be of different classes, not to exceed 
three in number, as may be prescribed by the State 
Board of Examiners. [L. '99, p. 339, Sec. 2, amend- 
ing G. L. '77, p. 808, Sec. 2450 ; G. S. '83, pp. 879, 880, 
Sec. 2999, as amended by L. '87, p. 379, Sec. 1 ; Mills 
Ann. St., Sec. 3968. 

Revoking Diplomas. 

Sec. 5. The State Board of Education may ot 
any time revoke a State diploma, upon satisfactory 
evidence that the holder thereof has become uu- 



14 SCHOOL LAWS OF THE STATE OF COLORADO. 

worthy of the same; Provided, That, before revoking 
any such diploma, the holder thereof shall have at 
least thirty days' notice to appear before the State 
board, and refute any charges brought against him. 
[G. L. '77, p. 808, Sec. 2451; G. S. '83, p. 880, Sec. 
3000; Mills Ann. St., Sec. 3969. 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 
Election of State Superintendent. 

Sec. 6. At the general election, to be held in the 
year of our Lord one thousand eight hundred and 
seventy-eight, and every two years^ thereafter, a State 
Superintendent of Public Instruction shall be elected 
by the qualified electors of the State, who shall hold 
office for the term of two years from the second Tues- 
day of January next after his election, and until his 
successor is duly elected and qualified. [G. L. '77, p. 
808, Sec. 2452; G. S. '83, p. 880, Sec. 3001; Mills Ann. 
St., Sec. 3970. 

Oath and Bond of Superintendent. 

Sec. 7. Before entering upon his duties he shall 
take and subscribe the oath of office prescribed by 
the constitution, and shall also execute a bond in the 
penalty of five thousand dollars, payable to the State 
of Colorado, with sureties to be approved by the State 
Auditor, conditioned upon the faithful discharge of 
his official duties, and the delivery to his successor 
of all books, papers, documents and other prop- 
erty belonging to the office. Said bond and oath 
shall be deposited with the Secretary of State. [G. L. 
'77, p. 808, Sec. 2453; G. S. '83, p. 880, Sec. 3002; 
Mills Ann. St., Sec. 3971. 

Duties of Superintendent. 

Sec. 8. He shall have an office at the seat of 
government, where shall be kept an official seal, and 
all books and papers appertaining to the business 
of his office. He shall file all papers, reports and pub- 



SCHOOL LAWS OF THE STATE OF COLORADO. 15 

lie documents transmitted to him by the school oflft- 
cers of the several counties, each year separately, and 
hold the same in readiness to be exhibited to the 
Governor, or to any committee of either house of the 
general assembly. Copies of all papers filed in his 
office, and his official acts, may be certified by him, 
and when so certified, shall be evidence equally and 
in like manner as the original papers. He shall de- 
cide all points touching the construction of the school 
laws, which may be submitted to him in writing by 
any school officer, teacher or other person in the 
State, and his decision shall be held to be correct and 
final until set aside by a court of competent jurisdic- 
tion, or by subsequent legislation ; and said decisions, 
correspondence and instructions may be communi- 
cated through the columns of any regularly jjublished 
periodical that is devoted to the interest of educa- 
tion. He shall prepare lists of questions for the use 
of county superintendents at the quarterly examina- 
tion of teachers, and make such suggestions concern- 
ing their use as shall tend to secure uniform exam- 
inations in the different counties ; and he may call 
to his aid, in the preparation of said questions, such 
assistance as he may deem proper. [G. L. '77, p. 808, 
Sec. 2454 ; G. S. '83, p. 880, Sec. 3003, as amended by 
L. '87, p. 380, Sec. 2 ; Mills Ann. St., Sec. 3972. 

1. Make compilation of school laws, Sec. 9. 

2. Public flag law, p. 99, Sec. 6. 

3. In regard to books received for use of supreme court. 
1 Mills Ann. St., Sec. 988. 

Furnish Blanks — Cost — Prepare Laws. 

Sec. 9. He shall have a general supervision of 
all the county superintendents, and of the public 
schools of the State. He shall prepare, have printed 
and furnished to teachers and all officers charged with 
the administration of the laws relating to public 
schools, such blank forms, registers and books as 
may be necessary to the discharge of their duties ; but 
he shall not copyright such forms, nor be directly nor 



16 SCHOOL LAWS OF THE STATE OF COLORADO. 

indirectly compensated by reason of the sale thereof. 
All registers and blank books so furnished for the use 
of teachers and school officers shall be charged to the 
respective counties at cost, and the county superin- 
tendent of schools shall receipt for and distribute the 
same among the districts of his county as they may 
require; and the amount so charged against each 
county shall be deducted from the amount appor- 
tioned to such county at the semi-annual apportion- 
ment of the State school fund; and the Superintend- 
ent of Public Instruction shall certify to the State 
Treasurer the aggregate amount of such deductions, 
and the Treasurer shall thereupon transfer said 
amount from the school fund subject to apportion- 
ment to the general fund. The Superintendent of 
Public Instruction shall have the laws relating to 
public schools printed in pamphlet form, and annexed 
thereto forms for making reports and conducting 
school business, and shall supply school officers, 
school libraries and State libraries with a copy each. 
Said printing to be paid for out of the printing fund, 
on warrant of the Auditor, on bills approved by the 
Superintendent of Public Instruction, and attested 
by the Secretary of State. [G. L. '77, p. 809, Sec. 
2455, as amended by L. '79, p. 161, Sec. 1 ; G. S. '83, p. 
880, Sec. 3004; Mills Ann. St., Sec. 3973. 

1. See Enabling Act, Sec. XIV. 
Biennial Report — Visits — Expenses. 

Sec. 10. He shall, on or before the tenth day of 
December, in every year preceding that in which shall 
be held a regular session of the general assembly, re- 
port to the Governor the condition of the public 
schools, the amount of State school fund apportioned, 
and sources from which derived, with such sugges- 
tions and recommendations relating to the affairs of 
his office as he may think proper to communicate. It 
shall be his duty to visit annually such counties in the 
State as most need his personal attendance, and all 
counties, if practicable, for the purpose of inspecting 



SCHOOL LAWS OF THE STATE OF COLORADO. 17 

the schools, awakening and guiding public sentiment 
in relation to the practical interests of education, and 
diffusing as widely as possible, by public addresses 
and personal communication with school teachers and 
parents, a knowledge of existing defects and of desir- 
able improvements in the government and instruction 
of the schools ; and he shall open such correspondence 
as may enable him to obtain all necessary information 
relating to the system of public schools in other 
states ; and he shall receive out of the State treasury, 
for actual necessary traveling expenses and other ex- 
penses while traveling on the business of the depart- 
ment, not exceeding five hundred dollars per annum, 
for which he shall render an itemized bill to the Audi- 
tor of State, who is hereby authorized to draw his 
warrant therefor; and all office, fuel, furniture, post- 
age, books, stationery, and other contingent expenses 
pertaining to his office shal be furnished in the same 
manner as those of the other departments of the State 
government. [G. L. '77, p. 809, Sec. 2456; G. S. '83, 
p. 881, Sec. 3005 ; Mills Ann. St., Sec. 3974. 

Apportionment of School Fund. 

Sec. 11. It shall be the duty of the State Auditor 
to notify the Superintendent of Public Instruction of 
the amount of money in the State treasury to the 
credit of the public school income fund, on the thirti- 
eth day of June and December in each year. Within 
fifteen days after receiving such notification, the Su- 
perintendent of Public Instruction shall apportion 
said fund among the several counties of the State, 
from which reports have been received by said Super- 
intendent, as provided in this act, in proportion to the 
school population as shown by the report of each 
county for the year next preceding such apportion- 
ment, making such deductions as are provided in sec- 
tion nine of said chapter. And the Superintendent of 
Public Instruction shall certify said apportionment 
to the State Auditor, and upon such certificate the 
Auditor shall draw his warrant on the State Treas- 



18 SCHOOL LAWS OF THE STATE OF COLORADO. 

iirer in favor of the county treasurer of each county, 
for the amount due said county. The Superintendent 
shall also certify to the superintendent of each county 
the amount apportioned to such county. [G. L. '77, 
p. 810, Sec. 2457; G. S. '83, p. 881, Sec. 3006, as 
amended by L. '87, p. 380, Sec. 3 ; Mills Ann. St., Sec. 
3975. 

1. Form of report, Sec. 10. 
Assistant Librarian — Salary. 

Sec. 12. He may employ an assistant librarian, 
who shall have charge of the State Library, under 
such regulations as may be prescribed by the State 
Librarian, or by law. Said assistant shall receive the 
annual salary of one thousand dollars (|1,000) for 
his services. [G. L. '77, p. 810, Sec. 2458, as amended 
by L. '83, p. 263, Sec. 1; G. S. '83, p. 882, Sec. 3007; 
Mills Ann. St., Sec. 3976. 

COUNTY SUPERINTENDENT. 
Election— Oath — Bond — Term of Office. 

Sec. 13. There shall be elected in each county, at 
the general election in the year one thousand eight 
hundred and seventy-seven, and biennially thereafter, 
a county superintendent of public schools, who shall 
take office on the second Tuesday of January next suc- 
ceeding that in which such election shall be held. He 
shall hold his office for two years, and until his suc- 
cessor shall be elected and qualified. Before entering 
upon the duties of his office, he shall take the oath 
prescribed by the constitution, and execute a bond 
payable to the people of the State of Colorado, with 
tAVO or more sureties, to be approved by the board of 
county commissioners, in penalty of not less than two 
thousand dollars, to be increased at the discretion of 
said board, conditioned upon the faithful perform- 
ance of the duties of his office and the delivery of all 
moneys and property as such superintendent to his 
successors, which bond shall be filed in the office of 



SCHOOL LAWS OF THE STATE OP COLORADO. 19 

the county clerk. [G. L. '77, p. 810, Sec. 2459; G. S. 
'83, p. 882, Sec. 3008 ; Mills Ann. St., Sec. 3977. 

1. Perform duties until successor qualifies. 1 Mills Ann. 
St., Sec. 920. 

Failure to Qualify — Vacancy: — Appointment. 

Sec. 14. Should the superintendent-elect fail to 
qualify as aforesaid, or should there occur a vacancy 
in said office, the board of county commissioners sihall 
at their next meeting after such vecancy or failure 
to qualify occurs, appoint an eligible and suitable 
person, who shall qualify within ten days after his 
appointment, and who shall continue in office until 
the next general election thereafter. Should such ap- 
pointee fail to qualify, as aforesaid, another appoint- 
ment shall be made in the same manner, until the 
vacancy shall be filled by appointment or election. 
[G. L. '77, p. 811, Sec. 2460; G. S. '83, p. 882, Sec. 
3009 ; Mills Ann. St., Sec. 3978. 

1. What constitutes a vacancy. 1 Mills Ann. St., Sec. 924. 
Examination of Teachers — Deputy — Compensation. 

Sec. 15. On the third Thursday in August, De- 
cember and March in each year he shall meet all per- 
sons, of not less than eighteen years of age, desirous 
of passing an examination as teachers, in some suita- 
ble room at the County Seat, notice of which shall be 
given in some newspaper in the County, or in case 
there is no paper published in the County he shall give 
such notice as may by him be deemed necessary, at 
which time he shall examine all such applicants in 
orthography, reading, writing, arithmetic, English 
grammar, geography, history, and Constitution of the 
United States and the Constitution of Colorado, civil 
government, physiology, natural sciences, theory and 
practice of teaching, and the school law of the state. 
If the applicant is to teach in a school of high grade, 
the examination shall extend to such additional 
branches of study as are to be pursued in such school. 
If satisfied of the competency to teach and of the good 



20 SCHOOL LAWS OiF THE STATE OE COLORADO. 

moral character of the applicant, he shall give such 
applicant a certificate, as provided in the following 
section, but he shall not issue a certificate except one 
of like grade unless the applicant be examined at the 
regular State examinations. He may, however, in 
case of emergency, recognize County teachers' cer- 
tificates issued in this or other states by endorsing 
thereon the word "Good" until the next regular 
County examination; Provided, that the certificates 
so endorsed shall be in full force at the date of such 
endorsement, and shall not be renewed, extended, nor 
show a previous endorsement thereon. If the attend- 
ance upon the examination at the County seat shall 
-work a great hardship to five or more teachers in the 
County, the County Superintendent may provide for 
such teacher or teachers to take the examination at 
some convenient place, and the County Superintend- 
ent may appoint some suitable person to conduct such 
examination, who shall without delay report to the 
County Superintendent the written answers of each 
application. Such person shall be entitled to five dol- 
lars (|5.00) per day for conducting such examina- 
tion, and such services shall be certified by the County 
Superintendent to the Countj^ Commissioners. [G. 
L. '77, p. 811, Sec. 2461; G. S. '83, p. 883, Sec. 3010, 
as amended by L. '87, p. 381, Sec. 4, as amended by 
L. '05, p. 234, Sec. 1; 3 Mills Ann. St., Sec. 3979, 
amended L. '03, p. 421, Sec. 1. 

Grades of Certificates — Renewals — Record. 

Sec. 16. The certificates issued by the county 
superintendent shall be of three grades, distinguished 
as first, second and third. The first grade certificate 
shall be valid for three 3^ears, and may be renewed 
by the county superintendent of the county in which 
it was issued; the second grade certificate shall be 
valid for eighteen months; the third grade certificate 
shall be valid for nine months; Provided, however, 
That not more than two certificates of the same grade 
(third grade) shall be issued to the same person. A 



SCHOOL LAWS OF THE STATE OF COLORADO. 21 

county superintendent may, upon the application of a 
teacher holding a first grade certificate, received at a 
regular examination in another county in the state, 
and in full force at the time, issue to said teacher a 
certificate of like grade; Provided, That such certifi- 
cate shall not show the standing in each branch, nor 
be subject to renewal, but shall show the conditions 
upon which it is issued. And he may revoke cer- 
tificates of any grade at any time, for immorality, 
incompelency or other just cause. It shall be deemed 
a violation of law to gTant certificates of any of the 
above • grades, except one of like grade, without 
requiring the applicant to pass a thorough and 
satisfactory examination in such branches and at 
such times as are specified in section 15 of this 
act; and in all such examinations the questions pre- 
pared by the superintendent of public instruction 
shall be used. In case a certificate is revoked or 
refused by the county superintendent, the right of 
appeal to the state board of education shall not be 
denied the teacher or applicant, if said appeal be 
taken within thirty days from date of notice of such 
revocation or refusal. The county superintendent 
shall keep an official record in a suitable book of the 
persons so examined, containing the names, age, na- 
tivity, date of examination and grade of certificate 
issued ; he shall also retain for three months the writ- 
ten answers of all applicants at the regular examina- 
tions and hold the same subject to the order of the 
state board of education; Provided, further. That in 
a school district of the first class the examination 
may be conducted by the school board of such dis- 
trict in such manner and at such times as the board 
may determine, who shall have power to issue dis- 
trict certificates of the same grades and under the 
same conditions as are specified in sections 15 and 
16 of this chapter; said certificates, however, shall 
be reported to the county superintendent, who shall 
keep a record of the same, and shall be valid only in 



22 SCHOOL LAWS OF THE STATE OF COLORADO. 

the district where issued ; such boards may, however, 
if they see fit, issue certificates without examinations 
to high school teachers who hold satisfactory evidence 
of adequate training for the work they are to do. [G. 
L. '77, p. 812, Sec. 2462, as amended by L. '81, p. 
212, Sec. 4, as amended by L. '83, p. 264, Sec. 2; G. 
S. '83, p. 883, Sec. 3011, as amended by L. '95, p. 236, 
Sec. 2, ; 3 Mills Ann. St., Sec. 3980. 

1. Section 16 is this section. 

2. Questions prepared by Superintendent of Public Instruc- 
tion, Sec. 8. 

Deputy — How Paid. 

Sec. 17. If for any cause the superintendent is 
unable to attend to the duties of his office, he may ap- 
point a deputy, who shall take the usual oath or af- 
firmation of office, and who may exercise all the func- 
tions of county superintendent, but such deputy shall 
draw no salary from the public fund ; Provided, That 
the superintendent may receive a per diem for the 
service of such deputy. ' [G. L. '77, p. 812, Sec. 2463; 
G. S. '83, p. 884, Sec. 3012; Mills Ann. St., Sec. 3981. 

1. This section is undoubtedly repealed by L. '91, p. 812, 
Sec. 1, which was supplanted and thus necessarily repealed by 
L. '99, p. 395, Sec. 11. See p. 118, Sec. 17, thereof. 

County Superintendent's Report. 

Sec. 18. On the first Tuesday of September, in 
each year, the county superintendent shall make a 
report to the Superintendent of Public Instruction 
for the school year ending June 30 next preceding, 
which report shall contain an abstract of the reports 
made to him by district secretaries, and such other 
matters as the Superintendent of Public Instruction 
may direct, and shall be in such form and upon such 
blanks as the Superintendent of Public Instruction 
shall furnish. The county superintendent shall re- 
tain a copy of all such reports and file the same in his 
office. [G. L. '77, p. 812, Sec. 2464; G. S. '83, p. 884, 
Sec. 3013, as amended by L. '87, p. 382, Sec. 5 ; Mills 
Ann. St., Sec. 3982. 



SCHOOL LAWS OF THE STATE OF COLORADO. 23 

Apportionment of County School Fund. 

Sec. 19. The county superintendent shall ap- 
portion the general school fund of the county among 
the several school districts in accordance with the 
provisions of sections seventy-two and seventy-three 
of this chapter, quarterly, to-wit: On the first Mon- 
day in January, April, July and October, in each 
year, and he may /ipxDortion the same at other times 
if there be sufficient money in the treasury to require 
it. He shall certify each apportionment promptly to 
the county treasurer, and shall also notify the secre- 
tary of each district of the amount placed to the credit 
of his district. [G. .L '77, pp. 812-813, Sec. 2465; G. 
S. '83, p. 884, Sec. 3014, as amended by L. '87, p. 382, 
Sec. 6 ; Mills Ann. St., Sec. 3983. 

Duties of County Superintendent. 

Sec. 20. It shall be the duty of the county su- 
perintendent to exercise a careful supervision over 
the schools of his county, to visit each school at least 
once during each quarter it is in session, to see that 
all the provisions of this act are observed and fol- 
lowed by teachers and school officers ; to examine the 
accounts of the district officers to see if such accounts 
are properly kept, and all district funds properly ac- 
counted for; to keep, in a good and substantial 
bound book, a record of his official acts, and of all 
other matters required by law to be recorded ; to obey 
the legal instructions and decisions of the Superin- 
tendent of Public Instruction. He shall also keep a 
record of the registers, record books and order books 
furnished to the several districts of his county; and it 
shall be his duty to hold county teachers' associations 
whenever, in his judgment, the interests of the school 
work demand it; the records of the county superin- 
tendent's office shall be open to the inspection of any 
citizen of the county, and within one week from the 
close of each school year he shall publish in some 
newspaper published in the county, if there be such 
a paper, a statement of the apportionment of school 



24 SCHOOL LAWS OF THE STATE OF COLORADO. 

funds for the year preceding. [G. L. '77, p. 813, See. 
2466; G. S. '83, p. 884, Sec. 3015, as amended by L. 
'87, p. 382, Sec. 7; Mills Ann. St., Sec. 3984. 

Penalty for Failure to Report. 

Sec. 21. If the county superintendent fails to 
make a full and correct report to the Superintendent 
of Public Instruction, as provided by law, and shall, 
after written request or notice from the Superintend- 
ent of Public Instruction, or from the board of county 
commissioners, delay more than ten (10) days after 
the service of such notice to make such report, he 
shall forfeit the sum of one hundred dollars, which 
sum the board of county commissioners may deduct 
from any money due him; said forfeit may, however, 
be recovered by suit, upon his official bond. [G. L. 
'77, p. 813, Sec. 2467; G. S. '83, p. 885, Sec. 3016; 
as amended by L. '87, p. 383, Sec. 8 ; Mills Ann. St., 
Sec. 3985. 

Administer Oaths. 

Sec. 22. The county superintendent shall have 
power, and is hereby authorized, to administer oaths 
and affirmations to school directors, teachers and all 
other persons in official matters relating to schools; 
but shall receive no fee for so doing. [G. L. '77, p. 
813, Sec. 2468; G. S. '83, p. 885, Sec. 3017; Mills Ann. 
St., Sec. 3986. 

Appoint Directors. 

Sec. 23. The county superintendent shall ap- 
point directors for any district which fails to elect, as 
provided in section 44, and shall fill vacancies that 
may occur in any board of directors by reason of 
death, removal from office or from the district, resigna- 
tion or otherwise, except in the boards of directors of 
districts of the first class, and the officers so ap- 
pointed shall hold office only until the ensuing regu- 
lar election. [G. L. '77, p. 813, Sec. 2469; G. S. '83, 
p. 885, Sec. 3018 ; Mills Ann. St., Sec. 3987. 



SCHOOL LAWS OF THE STATE OF COLORADO. 25 

Boundaries of School Districts. 

Sec. 24. It shall be the duty of the county su- 
perintendent to ascertain the boundaries of each 
school district in his county, and to make and keep a 
record of the same in a suitable bound book, which 
record shall show definitely the boundaries of each 
district. In case the boundaries are found to be con- 
flicting or incorrectly described, he shall harmonize 
the same and make a report of such action to the 
board of school directors whose districts are affected 
thereby. District officers shall have access to such 
records for the purpose of examination, making cop- 
ies, or for other legitimate purposes. The county su- 
perintendent shall prepare, or have prepared, a map 
of the county, showing the correct boundaries of the 
districts. [G. L. '77, p. 814, Sec. 2470; G. S. '83, p. 
885, Sec. 3019, as amended by L. '87, p. 383, Sec. 9 ; 
Mills Ann. St., Sec. 3988. 

Compensation of County Superintendents — Office Hours. 

Sec. 25. The commissioners shall provide him 
with a suitable office at the county seat, and all neces- 
sary blank books, stationery, postage, expressage and 
other expenses of Ms office, not otherwise provided 
for, which last mentioned expenses shall be paid for 
from the county fund. He shall keep his office open 
for the transaction of official business such days each 
week as the duties of the office may require. [G. L. 
'77, p. 814, Sec. 2471 ; G. S. '83, p. 885, Sec. 3020, as 
amended by L. '87, p. 383, Sec. 10 ; Mills Ann. St., Sec. 
3989. 

1. The following was the first part of this section prior to 
the passage of L. '91, page 312, § 14, 3 Mills Ann. St., § 1936u, 
which was amended by L. '99, page 394, § 10; same, page 117, 
§ 14 hereof: 

"For the time necessarily spent in the discharge of his duty 
he shall receive five (5) dollars per day, and fifteen (15) cents for 
each mile necessarily traveled one way. He shall, as far as prac- 
ticable, render an itemized bill of his services and mileage, each 
month or quarter, to the boai-4 of county commissioners, and shall 
make oath that the bill is just and correct; whereupon the county 
commissioners shall order a warrant on the county treasurer. 



26 SCHOOL LAWS OF THE STATE OF COLORADO. 

payable from the general county fund; Provided, That the an- 
nual salary so received shall in no case exceed one hundred 
dollars for each regularly organized public school in the county." 

Duties of County Treasurer. 

Sec. 26. It is hereby made the duty of the county 
treasurer in each county, to keep a separate account 
with each school district in his county, to place to the 
credit of each the amount of money as certified to by 
the county superintendent, as provided in section 
nineteen, and to pay over the money so collected, upon 
the presentation of the legally-drawn warrants or or- 
der of the district officers entitled to draw the same ; 
Provided, That if the county superintendent shall 
notify the county treasurer, in writing, that there has 
been a failure on the part of any board of directors 
to comply with the law, and that said money should 
be withheld from said board of directors, he shall re- 
tain the same until further notice from the county 
superintendent; on or before the 5th day of July in 
each year, he shall render, to the county superintend- 
ent of schools, a statement of the receipts and dis- 
bursements on account of the several districts, of all 
the school funds which have passed through his 
hands during the school year next preceding, and at 
the same time he shall render to each district secre- 
tary a statement of receipts and disbursements of 
such district. All money which shall become for- 
feited by any district shall -be put into .the general 
school fund, and be re-apportioned as other moneys. 
[G. L. '77, p. 814, Sec. 2472; G. S. '83, p. 886, Sec. 
3021, as amended by L. '87, p. 384, Sec. 11 ; Mills Ann. 
St., Sec. 3990. 

1. Report fines collected, p. 107, Sec. 2. 

ORGANIZATION OF DISTRICTS, ETC. 
New Districts — Petition — Unorganized Territory. 

Sec. 27. For the purpose of organizing a new 
district out of a portion of one or more old districts, 
the parents of at least ten children of school age re- 



SCHOOL LAWS OF THE STATE OF COLORADO. 27 

siding within the limits of the proposed new district, 
shall petition the county superintendent, in writing, 
which petition shall describe the boundaries of the 
proposed district, and the names of all children of 
school age residing in such proposed district at the 
date of said petition; and said list of names shall be 
held to be the census list of said district until the next 
regular census shall be taken, and if any names are 
found on said list, and also on other census lists for 
the current year, if the county superintendent is sat- 
isfied that the children so named are bona fide resi- 
dents of the proposed district, he shall strike such 
names from the lists of the old districts, when the or- 
ganization of the new district is complete. If, in the 
judgment of the county superintendent, the school in- 
terest of the districts affected by the proposed change 
will be best promoted by said change, he shall direct 
some one of the petitioners who is a legal voter, to 
notify each elector residing within the district so to 
be formed, by personal service as far as convenient, 
and to post a notice in three public places in said new 
district, that such petition has been made, and that 
a meeting will be held, naming the time and place 
for such meeting, to determine the question of the 
proposed organization. People living ujDon unorgan- 
ized territory may organize themselves into a school 
district at any time, without a petition, if a majority 
of the legal voters residing within the proposed dis- 
trict shall so decide at a meeting, of Avhich reasonable 
notice has been given to all resident voters, and which 
meeting shall be conducted as is now provided by 
law for the organization of new districts; Provided, 
That, in addition to the copy of the proceedings now 
required by law, the secretary shall also transmit to 
the county superintendent a certified list of all chil- 
dren of school age who are residents in good faith in 
said district at the date of the organization, which list 
shajl be held to be the census list of said district until 
the next regular school census. [G. L. '77, p. 815, 



28 SCHOOL LAWS OF THE STATE OP COLORADO. 

Sec. 2473, as amended by L. '81, p. 213, Sec. 5 ; G. S. 
'83, p. 886, Sec. 3022; Mills Ann. St., Sec. 3991. 

New Districts — How Organized — Election of Directors. 

Sec. 28. The qualified electors of such proposed 
new district, when assembled, in accordance with the 
notice above required, shall organize by electing a 
chairman and secretary. Every legally qualified elec- 
tor, and none other, shall be entitled to vote at sach 
meeting. After the organization of such meeting, as 
above mentioned, a vote shall be taken by ballot on the 
question whether or not the proposed district shall be 
organized. Those in favor of organization shall vote 
"yes," and those opposed "no." If two-thirds of the 
legal voters so voting are found to be in favor of such 
organization, and not otherwise, the meeting shall pro- 
ceed to elect by ballot a board of directors of said dis- 
trict, who shall hold office until the ensuing regular 
election, as provided in section 44 of this act. The sec- 
retary of said meeting shall immediately transmit to 
the County Superintendent a copy of the proceedings 
of the meeting, upon receipt of which, if the proceed- 
ings are found to have been in accordance with law, he 
shall establish and number such district and enter a 
record of the same, and of the proceedings of the 
meetings as provided in section 24 of this act; 
Provided, If such organization of a new district 
works great hardship to any head of a family, a state- 
ment of the facts may be submitted to the superinten- 
dent, and two disinterested persons, one to be named 
by the superintendent and one by the person affected, 
and if, in their judgment, good cause be shown for the 
transfer, he may be transferred to another district; 
Provided further. That no district shall hereafter be 
divided for the purpose of forming a new district, un- 
less it contains an area of more than nine square miles 
or has an assessed valuation of more than twenty 
thousand dollars (|20,000.00) and forty children of 
legal school age, nor shall a district be divided, if by so 
doing the remainder of the district shall be found to 



SCHOOL LAWS OF THE STATE OF COLORADO. 29 

contain less than twenty persons of school age, and, 
when practicable, the district shall conform to govern- 
ment lines ; Provided, also. That no city or town shall 
hereafter be divided into two or more districts, nor 
shall the districts of the first class be divided, except 
upon a vote of the electors of the district, submitted at 
an annual election, a majority of ^11 the votes cast be- 
ing in favor of such division. [G. L. '77, p. 815, Sec. 
2474 ; G. S. '83, p. 887, Sec. 3023, as amended by L. '89, 
p. 333, Sec. 1; Mills Ann. St., 3992; amended L. '03, p. 
423, Sec. 1. 

Uniting Two or IVlore Districts — Territory Annexed or Detached. 

Sec. 29. Two or more contiguous districts may 
be united into one district. For the purpose of effect- 
ing such union, each district shall, at a special meet- 
ing legally called for the purpose, determine by ballot 
whether or not a majority of the legal voters assembled 
are in favor of such union. Those in favor will vote 
"yes" and those opposed "no." If a majority of the 
voters present in each district vote in favor of a union, 
a union meeting shall be called by giving at least ten 
days' public notice, at which meeting the organization 
shall be perfected by the election of oflflcers and other 
necessary proceedings, in the same manner as provided 
for the organization of districts in section twenty- 
eight (28) of this chapter; Provided, That where a 
first-class district is joined in such union with a dis- 
trict, or districts, of a lower class, the board of direc- 
tors of such first class district shall be held to be the 
board of directors for the united district, and the mem- 
bers thereof shall be entitled to serve the unexpired 
portion of their respective terms as such directors of 
said united district ; and the board or boards of direc- 
tors of the lower class districts included in said united 
district shall cease and determine upon notice from 
the county superintendent of schools that such dis- 
tricts have been united under the provisions of this act. 
Upon receiving notice from the county superin- 
tendent of such union of districts, it shall be 



30 SCHOOL LAWS OP THE STATE OF COLORADO. 

the duty of the county treasurer to transfer all 
funds belonging to said districts to the credit of 
the new district thus formed. A portion of un- 
organized territory may be annexed to a school 
district ; or a portion of one district may be detached 
from said district and annexed to a contiguous dis- 
trict, by the county superintendent, upon petition, in 
either case, of a majority of the legal voters resident 
within the territory to be so annexed, subject, always, 
to the limitation provided in section twenty-eight (28) . 
[G. L. '77, p. 816, Sec. 2475; G. S. '83, p. 887, Sec. 3024, 
as amended by L. '87, p. 375, Sec. 13 ; Mills Ann. St., 
Sec. 3993, amended, L. '03, p. 427, Sec. 1. 

When a New District Shall Be Entitled to Public School Money — 
Proviso. 

Sec. 30. No new district, formed as provided in 
sections twenty-seven and twenty-eight of this chap- 
ter, shall be entitled to any portion of the public 
school money until a school has actually commenced 
therein, and unless within six (6) months from the 
establishment of such district a school be opened and 
maintained, as required by law, the action making 
such district shall be void, and all actions had by such 
district, acting as a bod}^ corporate, shall cease and 
determine, and all taxes which may have been levied 
in the old district or districts out of which the new 
one was formed, shall be valid and binding upon the 
real and personal property of the new district, the 
same as if the new district had never been organized ; 
Provided, That the county superintendent may, for 
good cause, extend the said six (6) months to eight 
(8) months; said time of limitation shall begin to 
run from the time of the meeting at which it was voted 
to organize the district; whenever any district shall, 
for the period of one year, fail to maintain a school 
and keep up its organization of officers, and to make 
annual report as required by law, the county superin- 
tendent may declare such district annulled, and annex 
its territory to adjoining district or districts. [G. L. 



SCHOOL LAWS OF THE STATE OF COLORADO. 31 

'77, p. 817, Sec. 2476 ; G. S. '83, p. 888, Sec. 3025, as 
amended bv L. '87, p. 386, Sec. 14; Mills Ann. St., 
Sec. 3994. '^ 

Organization of Joint Districts. 

Sec. 31. A joint school district may be formed 
from territory belonging' to two or more contiguous 
counties. For the purpose of organizing a joint dis- 
trict, the same preliminary steps shall be taken, and 
the same course pursued as is provided for the organ- 
ization of other districts, in sections twenty-seven 
and twenty-eight. Such district shall be designated 

as "Joint District No , of the counties of 

and ," and shall be so numbered 

that it shall have the same number in all the coun- 
ties from which it is formed. The petition required 
by section twenty-seven shall be made to each county 
superintendent interested, who shall unite in form- 
ing such districts; Provided, That the school census, 
the record of attendance at school, the assessing of 
property, the collection of taxes, and all other acts 
which from their nature should be separately kept or 
done, shall be kept and done, and the reports thereof 
made, as if each portion of said joint district be- 
longing to each county were an entire district in the 
respective counties. The teachers of such joint dis- 
trict shall have a certificate from the superintendent 
of the county in which the school house is located. 
No joint district shall be annulled except by the con- 
sent of the county superintendents of the counties 
in which such district is located; Provided, That 
when any joint district desires to be annulled for 
the purpose of forming separate districts, it shall 
require a majority vote of the voters constituting 
said joint district, at a meeting called for sucb pur- 
pose. [G. L. '77, p. 817, Sec. 2477; G. S. '83, p. 888, 
Sec. 3026, as amended by L. '87, p. 387, Sec. 15 ; Mills 
Ann. St., Sec. 3995. 



32 SCHOOL LAWS OF THE STATE OF COLORADO. 

When New District Entitled to Share of Funds — Apportion- 
ment. 

Sec. 32. When a new district is formed from one 
or more old ones, the school funds remaining to the 
credit of the district, after providing for all outstand- 
ing debts, excepting debts incurred for building and 
furnishing school houses, shall be divided as follows : 
The basis of division for the school fund shall be the 
school population, as shown by the last school census 
before the division of the district or districts oc- 
curred, and shall apply such funds as remain to the 
credit of said old district or districts at the time 
of the organization of the new district, and each 
district shall receive funds in proportion to its per 
cent, of the said census. In case of division, each 
district shall own and hold all permanent property, 
such as sites, school houses and furniture situated 
within its boundaries. All division of funds under 
this provision shall be made by the county superin- 
tendent, and when there are unpaid special taxes on 
the county tax book, belonging to a district at the date 
of its division, the county treasurer, upon being noti- 
fied of such division by the county superintendent, 
shall retain all money received in payment of said 
special tax until the same shall be apportioned by 
the county superintendent, whose duty it shall be to 
apportion said money monthly, between the fractions 
of the divided district, according to the location of 
the property on which said tax was levied. At the 
first apportionment after the organization of a new 
district, the county superintendent shall apportion 
to such district its per capita proportion of the gen- 
eral fund, but no money, either from the general or 
special fund, shall be paid out of the county treasury 
on account of such district until a school [house] 
shall have been begun therein in good faith. [G. L. 
'77, p. 818, Sec. 2478, as amended by L. '83, p. 267, 
Sec. 6 ; G. S. '83, p. 888, Sec. 3027, as amended by L. 
'87, p. 387, Sec. 16, as amended by L. '89, p. 299, Sec. 
1 ; Mills Ann. St., Sec. 3996. 



SCHOOL LAWS OF THE STATE OP COLORADO. 33 

Union High School — How Established. 

Sec. 33. Whenever the school boards of two (2) 
or more contiguous school districts shall each deem 
it advisable to establish a union high school, the 
county superintendent shall, at the request of two (2) 
of the secretaries of the boards, call a meeting of the 
boards interested by giving personal notice to each 
member, which meeting shall elect by ballot from 
among the members of said boards, if a majority of 
the members of each board are present, a committee 
of three (3), to be known as the High School Commit- 
tee of such union school. The county superintendent 
shall be, ex officio, an additional member of said com- 
mittee, and shall preside at the meetings thereof. 
There shall be elected a secretary of such committee, 
and if need be a treasurer. In any case in which the 
county seat of any county shall be all included in 
one school district, the board of such school district 
shall have the same powers of establishing and or- 
ganizing a high school as are hereby given to the 
boards of two or more contiguous school districts, and 
in such case the high school committee shall be the 
board of such school district, or such three members 
as they may elect. High schools formed under the 
provisions of this section shall be open to children 
from all districts of the county in which they are so 
formed; Provided, Such children are qualified, as 
hereinafter provided. [G. L. '77, p. 818, Sec. 2479; 
G. S. '83, p. 889, Sec. 3028, as amended by L. '89, p. 
337, Sec. 1; Mills Ann. St., Sec. 3997. 

1. Higli schools of counties of fourth and fifth classes, 
p. 110, Sec. 1, etc. 

High School Committee — Term — Vacancies. 

Sec. 34. The members of said high school com- 
mittee shall hold the ofiice for and during the term 
they are members of their respective boards. All 
vacancies in said committee, other than such as are 
caused by the expiration of the term of office, shall 
be filled by the school board of which the person so 



34 SCHOOL LAWS OF THE STATE OF COLORADO. 

vacating was a member. The secretary shall be 
elected anniially, and may receive such compensation 
as the committee shall deem proper to allow. [G. L. 

'77, p. 818, Sec. 2480; G. S. '83, p. 889, Sec. 3029; 
Mills Ann. St., Sec. 3998. 

1. Committee on high schools in counties of fourth and 
fifth classes, p. 110, Sec. 2. 

High School Committee — IVIeetings. 

Sec. 35. The regular meetings of the high 
school committee shall be held on the first Saturday 
of March, June, September and December of each 
year, and special meetings may be held at any time 
upon the call of the county superintendent, or of two 
(2) members of the committee. [G. L. '77, p. 819, Sec. 
2481; G. S. '83, p. 889, Sec. 3030; Mills Ann. St., Sec. 
3999. 

Powers of Committee. 

Sec. 36. Said committee shall exercise all the 
powers and perform all the duties, with reference to 
said high school, that are accorded to and required 
of school boards throughout the State, as provided 
in section fifty (50) of this act, and shall have power 
to establish and prescribe the qualifications and 
manner of examination for admittance to the high 
school. [G. L. '77, p. 819, Sec. 2482; G. S. '83, p. 889, 
Sec. 3031 ; Mills Ann. St., Sec. 4000. 

1. Section 50 referred to is Sec. 51. 
How Maintained — Proportion of School Fund — Deficit. 

Sec. 37. After the first establishment of such a 
high school, it shall be maintained until the next reg- 
ular apportionment of the county school fund, as fol- 
lows : Each district, which shall have any children 
attending such high school, shall draw from its school 
fund, and cause to be placed to the credit of [the] high 
school fund, such part of the whole expenses as shall 
be proportioned to the number of pupils attendant at 
such high school from such district; Provided, It is 



SCHOOL LAWS OF THE STATE OF COLORADO. 35 

with the approval of the directors of said district. 
After the first year, or part of a year, so as above pro- 
vided for, the said high school shall, so far as practi- 
cable, be rated as a separate district. It shall be en- 
titled to draw from the general. State and county 
funds its quota for attendance, as provided by section 
seventy-two of this act, and the deficit shall be made 
up from the several district funds in proportion to 
[the] number of pupils from each district who attended 
said high school during the then past year. [G. L. '77, 
p. 819, Sec. 2483; G. S. '83, p. 890, Sec. 3032, as 
amended by L. '89, p. 338, Sec. 2; Mills Ann. St., Sec. 
4001. 

Forty Weeks Annually — Who May Be Admitted. 

Sec. 38. The high school may be maintained dur- 
ing forty (40) weeks in each year, and shall be free to 
all children in the county who are qualified for ad- 
mission, according to the requirements prescribed by 
the committee, and all children in the county who are 
so qualified, and who can pass the examination pre- 
scribed by the committee shall be entitled as of right 
to attend said high school. [G. L. '77, p. 819, Sec. 
2484 ; G. S. '83, p. 890, Sec. 3033, as amended by L. '89, 
p. 338, Sec. 3; Mills Ann. St., Sec. 4002. 

Every District Contributing Has Voice in Election. 

Sec. 39. Every district in the county which con- 
tributes to the support and patronage of said high 
school shall, by its board of directors, be entitled to a 
voice in the election of members of the committee. 
[G. L. '77, p. 819, Sec. 2485; G. S. '83, p. 890, Sec. 
3034 ; Mills Ann. St., Sec. 4003. 

SCHOOL DISTRICTS, OFFICERS AND ELECTIONS. 
School Districts to Be Bodies Corporate. 

Sec. 40. Each regularly organized school dis- 
trict heretofore formed, or that may be formed, as 
provided in this chapter, is hereby declared to be a 



36 SCHOOL LAWS OF THE STATE OF COLORADO. 

body corporate, by the name and style of "School dis- 
trict No , in the county of , and State 

of Colorado," and in that name may hold property and 
be a party to suits and contracts, the same as munici- 
pal corporation in this State. [G. L. '77, p. 820, Sec. 
248G; G. S. '83, p. 890, Sec. 3035, as amended by L. 
'87, p. 388, Sec. 17 ; Mills Ann. St., Sec. 4004. 

Directors — Classification of Districts. 

Sec. 41. There shall be elected in each school dis- 
trict of the State, annually, and in the manner pre- 
scribed in section forty-four of said chapter, a board 
of directors. The number of persons that shall con- 
stitute each board of directors shall be determined as 
follows: The school districts shall be classified into 
first (1st), second (2d) and third (3d) classes; dis- 
tricts containing a school population of more than 
one thousand (1,000) shall be denominated districts 
of the first (1st) class; districts containing a school 
population of three hundred and fifty (350), and not 
exceeding one thousand (1,000), shall be denominated 
districts of the second (2d) class, and districts con- 
taining a school population of less than three hun- 
dred and fifty (350) shall be denominated districts of 
the third ( 3d) class. At the regular election in 1887, 
as provided in section forty-four of said chapter, all 
districts in the first (1st) class shall elect, by ballot, 
one ( 1) director for three ( 3) years ; and at the regular 
election in 1888, one (1) director for three (3) years 
and one (1) director for four (4) years; and at the reg- 
ular election in 1889, one (1) director for four (4) 
years and one (1) director for five (5) years; and an- 
nually thereafter there shall be elected one (1) 
director for five (5) years. All districts of the second 
and third classes shall elect one (1) president for 
three (3) years, one (1) secretary for two (2) years, 
and one (1) treasurer for one (1) year, and annually 
thereafter there shall be elected for three (3) years a 
person to fill the vacancy occurring ; Provided, That 



SCHOOL LAWS OF THE STATE OF COLORADO. 37 

this shall not apply to districts of the second and third 
classes already organized. School boards of the first 
class shall, at their first meeting after their election, 
elect a president, who shall be a member of the board ; 
a secretary, who may or may not be a member of the 
board ; and a treasurer, who shall not be a member of 
the board, and who shall hold office for one year and 
until their successors are elected and qualified. In 
districts of the first and second classes the boards, 
after organization, shall exercise all the power given 
the electors of districts of the third class, as specified 
in section sixty-three of this chapter. [G. L. '77, p. 
820, Sec. 2487, as amended by L. '83, p. 267, Sec. 7 ; 
G. S. '83, p. 890, Sec. 3036, as amended by L. '87, p. 
388, Sec. 18; Mills Ann. St., Sec. 4005. 

Legal School District — When Second Class Districts Become 
First Class. 

Sec. 42. Every school district in the state which 
now exercises the prerogatives of a school district, 
and the legality of whose organization has not been 
legally denied, and w^hich has a board of directors, 
duly qualified according to law, and has exercised the 
rights and enjoyed the privileges of a legally and reg- 
ularly established district for one year, shall be, and 
is hereby declared to be, a legal school district, and all 
district officers shall hold office until their successors 
are qualified. When school districts of the second 
{2d) class shall attain a school population of one 
thousand (1,000) or more, as shown by the annual 
census, at the next regular election thereafter, as pro- 
vided in section forty-four of this act, there shall be 
elected one (1) director for three (3) years, and one 
(1) director for four (4) years, and one (1) director 
for five (5) years, and annually thereafter one (1) 
director for five (5) years, as provided for in districts 
of the first (1st) class; and the persons so elected, to- 
gether with the directors whose official terms have 
not expired, shall constitute the new board, which 
board shall enter upon the duties prescribed by law 



38 SCHOOL LAWS OP THE STATE OF COLORADO. 

for boards of directors of districts of the first (1st) 
class. [G. L. '77, p. 821, Sec. 2488, as amended by L. 
'79, p. 165, Sec. 7; G. S. '83, p. 891, Sec. 3037, as 
amended by L. '87, p. 389, Sec. 19 ; Mills Ann. St., Sec. 
4006. 

Legal Districts — What Constitutes. 

Sec. 43. All school districts now formed, or 
which may hereafter be formed, which shall continue 
to exercise, undisputed, the prerogatives and enjoy 
the privileges of a legally formed district, for the 
period of one year next succeeding the election of its 
ofiicers, shall be deemed to be a legally formed dis- 
trict, and its legality shall not thereafter be ques- 
tioned. [G. L. '77, p. 821, Sec. 2489; G. S. '83, p. 891, 
Sec. 3038 ; Mills Ann. St., Sec. 4007. 

Annual Elections — Notices Posted — Publication — Ballot. 

Sec. 44. The regular election for electing mem- 
bers of school boards shall be held annually in each 
district on the first Monday in May, at which time it 
shall be lawful to transact any business pertaining 
to schools and school interests. The secretary of 
each school board shall cause written or printed no- 
tices to be posted, specifying the day and the place 
or places of such election, and the time during which 
the ballot box or boxes shall be kept open, not less, 
however, than three hours, and further specifying at 
what hour and place any other business shall be 
transacted. Said notices shall be posted in at least 
three public places in the district, one of which shall 
be the school house, if there be one, at least six days 
previous to the time of election; and in districts of 
the first class, said notice shall be published weelily 
for the four weeks next preceding such election, in 
some newspaper published in the district, and if there 
be no paper published in such district, then in a paper 
published in an adjoining district. If the secretary 
fail to give such notice, then any two (2) legal voters 
residing in the district may give such notice over 



SCHOOL LAWS OF THE STATE OF COLORADO. 39 

their own names, and such election may be held after 
the day fixed by this act for such election. All elec- 
tions shall be by ballot, and in the absence of a notice 
specifying the hour, the ballot box shall be opened 
at nine (9) o'clock, a. m,, and closed at four (4) p. m. 
In districts of the first class, the school boards may 
order more than one voting place in the district, fix 
the voting places and the limits of the voting pre- 
cincts, and appoint three (3) judges and necessary 
clerks for each voting place, in addition to those pro- 
vided for in section forty-five. [G. L. '77, p. 821, Sec. 
2490 ; G. S. '83, p. 892, Sec. 3039, as amended by L. 
'87, p. 376, Sec. 1; Mills Ann. St., Sec. 4008, as 
amended by L. '91, p. 317, Sec. 1; 3 Mills Ann. St., 
Sec. 4008. 

Qualifications of Electors — Sex — Oath — Penalty for Illegal Vot- 
ing — Proposition to Create Debt. 

Sec. 45. Every elector legally qualified to vote 
at a general election, having been a resident of the 
school district for thirtj^ (30) days next preceding the 
day of election, shall be entitled to vote; Provided, 
That no person shall be denied the right to vote at 
any school district election, or to hold any school dis- 
trict oflflce on account of sex; Provided, further. That 
in districts of the first (1st) and second (2nd) class, 
any person who may desire to be a candidate for the 
office of school director, shall file a written notice of 
such intention with the secretar}' of the school 'dis- 
trict in which he resides at least eight (8) days prior 
to the day of the holding of the annual election for 
school directors, and the secretary of said school dis- 
trict shall for five (5) consecutive days preceding the 
day of said election, publish in some daily paper, or 
when no daily paper is published in such district, 
then by posting printed or written notices in not 
less than five (5) public places in such district, the 
names of all candidates who shall have so filed no- 
tice of such intention; and the said secretary shall 
also have printed or written ballots prepared, bear- 



40 SCHOOL LAWS OP THE STATE OF COLORADO. 

ing the names of all candidates who have certified 
such intention of being candidates, as aforesaid, 
printed or written thereon, and no person other than 
those whose names appear upon the ballot so pre- 
pared, shall be voted for. Any person offering to 
vote may be challenged by any legally qualified 
elector of the district, and any one of the judges of 
election shall thereupon administer to the person chal- 
lenged an oath, as follows: "You do swear (or af- 
firm) that you are a citizen of the United States, or 
that you have declared your intention to become such ; 
that you have resided in the state of Colorado six (6) 
months immediately preceding this election; that 
you are twenty-one (21) years of age; that you have 
resided in this district thirty (30) days next preced- 
ing this election; and that you have not voted at 
this election. So help you God (or under the pains 
and penalties of perjury. ) " If he shall refuse to take 
such oath or affirmation, his vote shall be rejected. 
Any person guilty of voting illegally, shall be pun- 
ished as provided in the general election laws of this 
state. The president, secretary and treasurer of the 
district school board shall act as judges of the elec- 
tion, except as otherwise provided in section forty- 
four and should any of the judges be absent at the 
opening of the polls, the electors present shall appoint 
a legal voter to fill the vacancy; Provided, however. 
That at all elections held for voting upon a propo- 
sition to create or contract a debt by loan for the 
purpose of erecting or furnishing school buildings, 
or purchasing school grounds, only such qualified 
electors of the district shall vote thereat as shall 
have paid a school tax in such district for the year 
next preceding such election. [G. L. '77, p. 822, Sec. 
2491; G. S. '83, p. 892, Sec, 3040, as amended by L. 
'87, p. 390, Sec. 20; Mills Ann. St., Sec. 4009, as 
amended by L. '93, p. 437, Sec. 1 ; 3 Mills Ann. St., 
Sec. 4009. 

1. Women enfranchised. L. '93, p. 256, Sec. 1; 3 Mills 
Ann. St., Sec. 1571a. 

2. Oath should be made to conform to new qualifications: 
See p. 5 hereof, Sec. 1 and note. L. '03, p. 214. 



SCHOOL LAWS OF THE STATE OF COLORADO. 41 

Counting Votes — Tie — Special Election. 

Sec. 46. Immediately after the closing of the 
polls, the judges shall meet at one of the voting 
places as shall have been previously designated by 
the school board, and shall proceed to count the votes, 
and the person or persons qualified to be elected 
who shall receive the largest number of votes, shall 
be declared elected, and a report of the said election, 
signed by the judges, shall be transmitted to the 
school board. If, for any cause, no election be held 
at the regular time, or if, upon counting the votes, 
therei be a tie vote for any one or more of the officers, 
a special election shall be called by the board within 
ten (10) days, and notice thereof given, as required 
in Section forty-four of this act. A failure to give 
the prescribed notice of such special election shall 
render the election void. [G. L. '77, p. 822, Sec. 2492 ; 
G. S. '83, p. 892, Sec. 3041 ; Mills Ann. St., Sec. 4010, 
as amended by L. '91, p. 319, Sec. 3 ; 3 Mills Ann. St., 
Sec. 4010. 

Applies to All School Elections. 

Sec, 46a. The general provisions of Sections 
44, 45, 46 shall be applicable to all school elections, 
whether general or special, or for whatever purpose 
held. [L. '91, p. 319, Sec. 4; 3 Mills Ann. St., Sec. 
4010a. 

Directors Qualify Within Twenty Days — Vacancies — Treasurer's 
Bond and Report — Oath of Office. 

Sec. 47. The directors shall each, within twenty 
(20) days after his or her election, appear before some 
officer authorized to administer oaths, and take oath 
that he or she will faithfully perform the duties of 
his or her office required by law, which oath shall be 
filed with the county superintendent; and, in case of 
failure so to qualify, his or her office shall be deemed 
vacant, and the county superintendent shall appoint 
a suitable person, who shall qualify immediately. If 
the amount of money liable to come into the hands of 



42 SCHOOL LAWS OF THE STATE OF COLORADO. 

the treasurer, in the discharge of his official duties, 
exceed twenty dollars at any one time, he shall be 
required to give bond in double the amount of money 
liable to come into his hands, said bond to be ap- 
proved by, and filed with, the county superintendent. 
The directors-elect shall take office immediately after 
qualifying, as aforesaid; Provided, That any district 
treasurer, who shall refuse to give bond as above, 
when required to do so by the other members of the 
board, shall be disqualified from receiving any money 
on district account until a satisfactory bond is exe- 
cuted. The oath of office required in this section may 
be administered by a president of a school board; 
and it is hereby made the duty of the district treas- 
urer of all first class districts to publish, semi-an- 
nually, in some newspaper published within the 
county wherein such district may be located, a com- 
plete and full report of all receipts and expenditures 
of the said district's funds. [G. L. '77, p. 822, Sec. 
2493 ; G. S. '83, p. 893, Sec. 3042, as amended by L. 
'87, p. 391, Sec. 21 ; Mills Ann. St., Sec. 4011. 

Powers of Directors. 

Sec. 48. Any school board shall have power to 
make such by-laws for their own government and for 
the government of the public schools under their 
charge, as they may deem expedient, not inconsistent 
with the provisions of this act, or the instructions of 
the Superintendent of Public Instruction. District 
boards of the first class shall also have power to fill 
any vacancy which may occur in the board, until the 
regular election, at which time the vacancy shall be 
filled for the unexpired term. [G. L. '77, p. 823, Sec. 
2494 ; G. S. '83, p. 893, Sec. 3043 ; Mills Ann. St., Sec. 
4012. 

1. County Superintendents fill vacancy, except in first 
class. Sec. 23. 

Districts May Hold Real Estate — Proviso. 

Sec. 49. It shall be lawful for any school dis- 
trict in this State to take and hold, under the pro- 



SCHOOL LAWS OF THE STATE OF COLORADO. 43 

visions of chapter thirty-one of the General Laws, 
so much real estate as may be necessary for the loca- 
tion and construction of a school house and con- 
venient use of the school; Provided, That the real 
estate so taken, otherwise than by the consent of the 
owner thereof, shall not exceed one acre. [L. '83, p. 
263, Sec. 1; G. S. '83, p. 893, Sec. 3044; Mills Ann. St., 
Sec. 4013. 

1. Chapter thirty-one referred to is the chapter on "Emi- 
nent Domain." See 1 Mills Ann. St., p. 1097. 

Regular Meetings of Board. 

Sec. 50. The regular meeting of each board 
shall be held on the last Saturday of March, June, 
September and December. The board may, however, 
hold such other regular, special or adjourned meet- 
ings as they may from time to time determine, or as 
may be specified in their by-laws. [G. L. '77, p. 823, 
Sec. 2495; G. S. '83, p. 893, Sec. 3045; Mills Ann. St., 
Sec. 4014. 

Powers of School Boards. 

Sec. 51. Every school board, unless otherwise 
especially provided by law, shall have power, and it 
shall be their duty : 

First — To employ or discharge teachers, mechan- 
ics and laborers, and to fix and order paid their wages ; 
to determine the rate of tuition for non-resident 
pupils, and to fix the compensation to be allowed the 
secretary for the time necessarily spent in the service 
of the district, as required by law, or as directed by 
the board; Provided, It shall be unlawful to pay any 
other member of the board, from the district funds, 
for his services as a member of such board. 

Second — To enforce the rules and general regu- 
lations of the State Superintendent, to fix the course 
of study, the exercises and the kind of text books to 
be used; Provided, That but one kind of text book of 
the same grade or branch of study shall be used in 
the same department of a school, and that after the 



44 SCHOUL LAWS OP THE STATE OF COLORADO. 

adoption of any book, it shall not be changed in less 
than four years, unless the price thereof shall be un- 
warrantably advanced, or the mechanical quality low- 
ered, or the supply stopped. 

Third — To provide for school furniture, and for 
everything needed in the school house, or for the use 
of the school board. 

Fourth — To rent^ repair and insure school houses. 

Fifth — To build or remove school houses, and to 
purchase or sell school lots, when directed by a vote 
of the district so to do. 

Sixth — To hold in trust for their district all real 
or personal property for the benefit of the school 
thereof. 

Seventh — To suspend or expel pupils from school 
who refuse to obey the rules thereof, and to exclude 
from school, children under six years of age. 

Eighth — To determine the number of teachers 
that shall be employed, and length of time over and 
above three (3) months that the school shall be kept; 
to fix the time for the opening or closing of schools, 
and for the dismissal of primary pupils before the 
regular time for closing the schools. 

Ninth — To provide books for indigent children, 
on the written statement of the teachers that the par- 
ents of such children are not able to purchase them, 
and to furnish free text books for the use of all pupils, 
when authorized to do so by a majority vote of the 
district, as expressed at any regular or special meet- 
ing. 

Tenth — To require all pupils to be furnished with 
the proper and suitable books as a condition of mem- 
bership in school. 

Eleventh — To exclude from school and school li- 
braries all books, tracts, papers and other publications 
of an immoral or pernicious tendency. 

Twelfth — To require teachers to conform to the 
law. 



SCHOOL LAWS OF THE STATE OF COLORADO. 45 

Thirteenth — To make an annual report, as re- 
quired by law, to the county superintendent, on or 
before the first day of August of each year, in the 
manner and form and on the blanks prescribed and 
furnished by the Superintendent of Public Instruc- 
tion. 

Fourteenth — To make a report directly to the 
State Superintendent, whenever instructed by him so 
to do. 

Fifteenth — Whenever a pupil resident in one dis- 
trict desires to attend school in another district, such 
pupil shall be permitted to do so ; Provided, That the 
board may refuse to admit pupils from other districts 
upon the ground of insufficient room, [G. L. '77, p. 
823, Sec. 2496 ; G. S. '83, p. 893, Sec. 3046, as amended 
by L. '87, p. 391, Sec. 22; Mills Ann. St., Sec. 4015.- 

District High School — Building — Leasing — Directing. 

Sec. 52. The school boards of districts of the 
first and second classes shall have the power to es- 
tablish a separate high school Avhenever they shall 
deem it expedient or necessary, and shall have power 
to determine the qualifications for admission to such 
school, and shall exercise all the powers with refer- 
ence to such high school which are accorded to them 
in relation to the schools of lower grade; Provided, 
That no school board shall build or lease any build- 
ing especially for such high school, unless authorized 
to do so by a vote of the district, as provided in sec- 
tion sixty-two (62) of this act. [G. L. '77, p. 825, Sec. 
2497; G. S. '83, p. 895, Sec. 3047; Mills Ann. St., Sec. 
4016. 

1. Section 62 referred to is section 63 hereof. 

2. Union high schools. Sec. 33. 

3. High schools in counties of fourth and fifth classes, p. 
110, Sec. 1, etc. 

President Signs Orders — Appear in Suits — Absence — Vacancies. 

Sec. 53. The president, when present, shall pre- 
side at all meetings of the board and of the district; 



46 SCHOOL LAWS OF THE STATE OF COLORADO. 

shall sign all orders on the county treasurer for the 
payment of money; Provided, That no orders shall 
be drawn upon the county treasurer except in favor 
of parties to whom the district has become lawfully 
indebted. He shall appear in behalf of his district in 
all suits brought by or against the same, but when 
he is individually interested, this duty shall be per- 
formed by the secretary, and in the absence of the 
president, the secretary shall preside at board and 
district meetings. Absence from the district of any 
school officer, when prolonged beyond thirty consecu- 
tive days, may be held to work a vacancy in said of&ce, 
which may be filled according to law. [G. L. '77, p. 
825, Sec. 2498, as amended by L. '81, p. 214, Sec. 5; 
G. S. '83, p. 895, Sec. 3048 ; Mills Ann. St., Sec. 4017. 

County Superintendent Compare Census List — Ascertain Number 
of Blind and Deaf iVlutes. 

Sec. 54. The census list of the several districts 
shall be carefully examined and compared by the 
county superintendent, and if the name of the same 
person be found upon more than one list he shall 
strike said name from all lists except that of the dis- 
trict in which such person was residing in good faith 
on the 10th day of April aforesaid. The residence 
of an unmarried person of school age shall, in all 
cases, be held to be identical with the bona fide resi- 
dence of the parent or guardian of such person; 
Provided, That such parent or guardian be a resi- 
dent of the State. If the county superintendent find 
upon any census list the names of any persons who 
he believes were not residents in good faith of such 
district, as aforesaid, he shall notify the secretary 
certifying the list, and if said secretary shall not es- 
tablish the correctness of the list within fifteen (15) 
days after such notification, such names shall be 
stricken from the list. At the time of taking the an- 
nual census, the secretary shall use reasonable dili- 
gence to ascertain the number of blind and deaf mute 
persons resident in the district, between the ages of 



SCHOOL LAWS OF THE STATE OF COLORADO. 47 

four (4) and twenty- two (22) years, with the name 
and postofflce address of each. Said items shall be 
embodied in his annual report to the county superin- 
tendent. [G. L. '77, p. 826, repealed. L. '79, p. 167, 
Sec. 9; L. '83, p. 270, Sec. 9; G. S. '83, p. 896, Sec. 
3050, as amended by L. '87, p. 394, Sec. 24 ; Mills Ann. 
St., Sec. 4018. 

1. For deaf and blind school, see p. 102, Sees. 1 and 3. 

2. Census defined. Sec. 80. 

Duties of Secretary — Bond. 

Sec. 55. Before entering upon the duties of his 
office, the secretary shall execute a bond, with two 
sureties, in the penal sum of five hundred (500) dol- 
lars in districts of the first and second classes, and 
the penal sum of one hundred (100) dollars in dis- 
tricts of the third class, conditioned upon the faith- 
ful discharge of his official duties and the delivery 
of all district property pertaining to his office over 
to his successor, within ten days after a demand is 
made for the same by a qualified successor, said bond 
to be approved by and filed with the county superin- 
tendent. The secretary shall record all proceedings 
of the board and of district meetings in a book or 
books, kept for that purpose ; shall preserve copies of 
all reports made to the state or county superintend- 
ents ; shall file all papers transmitted to him by other 
school officers pertaining to the business of the dis- 
trict; shall draw and countersign all warrants or 
orders issued by the board; shall keep a register or 
stub of all orders drawn, showing the number of the 
order, date, amount, in whose favor and for what pur- 
pose drawn. Immediately after the election of one 
or more directors, according to law, he shall transmit 
to the county superintendent a statement giving the 
name and postoffice address of the president, secre- 
tary and treasurer, respectively, of the boards of di- 
rectors. Between the 10th day of April and the 1st 
day of May, in each year, the secretary, or some per- 
son authorized by him, shall take a census of all per- 



48 SCHOOL LAWS OF THE STATE OF COLORADO. 

sons over six years and under twenty-one years of 
age, who were bona fide residents of the district on 
the 10th day of April aforesaid. The names so listed 
shall be arranged alphabetically, and be so classified 
as to distinguish between male and female. The cen- 
sus list shall be sworn to as correct by the person tak- 
ing the same, and, if such person be other than the 
secretary, shall be certified by the secretary, and shall 
be forwarded to the county superintendent on or be- 
fore the first day of June of the current school year. 
In districts of first and second classes a copy shall 
be delivered to the principal teacher or superintend- 
ent of the districts, and in all cases a copy shall be 
retained in the ofiflce of the secretary. [G. L. '77, p. 
825, Sec. 2499, as amended by L. '79, p. 165, Sec. 8 ; 
G. S. '83, p. 895, Sec. 3049, as amended by L. '89, p. 
300, Sec. 2; Mills Ann. St., Sec. 4019. 

Further Duties of Secretary — Report. 

Sec. 56. The secretary shall keep an accurate 
account of the expenses incurred by the district, and 
shall present the same to the board whenever called 
upon. He shall give the required notice of all reg- 
ular and special meetings, as herein authorized. On 
or before the first day of August of each year he shall 
make out and file in the office of the county superin- 
tendent, a report of the affairs in his district. Said 
report shall be made upon blanks prepared by the 
Superintendent of Public Instruction containing such 
items of information as the said Superintendent shall 
require, including the following, viz : 

First — The number of persons, male and female, 
each, in his district, between the ages of six (6) and 
twenty-one (21) years. 

Second — The number of schools and the branches 
taught in each. 

Third — The number of pupils in each school. 

Fourth — The number of teachers employed in 
each school, and the compensation of each per month. 



SCHOOL LAWS OF THE STATE OF COLORADO. 49 

Fifth — The number of days the school was taught 
during the year then past and by whom. 

Sixth — The number of pupils enrolled during the 
year ; the average daily attendance. 

Seventh — The average cost of school per month 
for each pupil, based upon the total enrollment, and 
also the average cost, based upon the average daily 
attendance. In estimating these averages the secre- 
tary shall take account of the teachers' wages; all 
current expenses, and six per cent, interest upon a 
fair valuation of all property belonging to the dis- 
trict. 

Eighth — Text books used in each school. 

Ninth — The number of volumes in the library of 
each school. 

Tenth — The aggregate amount paid teachers dur- 
ing the year, and the average monthly pay of teachers. 

Eleventh — The number of public school houses, 
and the estimated value of each. 

Twelfth — The amount raised by tax in the dis- 
trict during the year for school library. 

Thirteenth — The amount liaised by subscription 
or by other means than by tax. 

Fourteenth — The amount of special tax levied 
for the support of schools and for buildings, sites and 
furniture. 

Fifteenth — The amount of money on hand at the 
beginning of the year then past. 

Sixteenth — The amount of money received from 
all other sources than those herein specified. 

Should the secretary fail to file his report, as 
above directed, he shall forfeit the sum of one hun- 
dred (100) dollars, and shall make good all loss re- 
sulting to the district from such failure. [G. L. '77, p. 
826, Sec. 2501, as amended by L. '81, p. 215, Sec. 7; 
G. S. '83, p. 896, Sec. 3050, as amended by L. '87, p. 
395, Sec. 25 ; Mills Ann. St., Sec. 4020. 

1. Failure to report. Sec. 74. 



50 SCHOOL LAWS OF THE STATE OF COLORADO. 

Secretary Render Statement — Books Open for Inspection. 

Sec. 57. The secretary shall render a statement 
of the condition of the finances, as shown by the 
books, at any time when required by the school board, 
and his books shall always be open for inspection. 

[G. L. '77, p. 827, Sec. 2502; G. S. '83, p. 898, Sec. 
3052; Mills Ann. St., Sec. 4021. 

Treasurer Countersign Warrants — Render Accounts — Failure — 
Penalty. 

Sec. 58. It shall be the duty of the treasurer to 
countersign all warrants drawn by the president and 
secretary on the county treasurer, in favor of parties 
to whom the district has become lawfully indebted, 
and to keep an account of the same. He shall take 
charge of all moneys received by him on account of 
the district from the county treasurer, as provided 
in sections 91 and 92 of this act, and pay out the 
same as therein provided. He shall render a state- 
ment of the finances of the district, as shown by the 
records of his office at the close of each school year, 
and at any other time when required by the board. 
For a failure to perform any of the duties of his 
office when directed by the board, or for refusing or 
neglecting to deliver to his legally qualified succes- 
sor all money, books, or other district property in 
his possession or care, within ten days after the same 
shall have been demanded by such successor, he shall 
be liable on his bond, and shall make good any loss 
resulting to the district from such failure or neglect. 
[G. L. '77, p. 827, Sec. 2503, as amended by L. '81, 
p. 216, Sec. 8; G. S. '83, p. 898, Sec. 3053; Mills Ann. 
St., Sec. 4022. 

1. Sections 91 and 92 referred to are Sees. 92 and 93. 
Delinquent Officers — Penalties. 

Sec. 59. No superintendent or district officer 
shall receive any compensation, who has neglected 
or refused to perform any duty required by law, and 
any district officer so neglecting or refusing, when 



SCHOOL LAWS OF THE STATE OF COLORADO. 51 

specially directed by a majority of the district board, 
shall be deemed guilty of a misdemeanor, and it shall 
be deemed a violation of law for any person to draw 
or sign a warrant for the payment of such delinquent 
officer, and any person so signing a warrant shall be 
liable in double the amount of such warrant. [G. L. 
'77, p. 827, Sec. 2504; G. S. '83, p. 898, Sec. 3054; 
Mills Ann. St., Sec. 4023. 

TEACHERS. 
Must Have License — Expiration — Proviso. 

Sec. 60. No district board shall employ any 
person to teach in any of the public schools of the 
state, unless such person shall have a license to 
teach, issued by the proper district, county or 
state authority, and in full force at the date of em- 
ployment; and anj'^ teacher who shuH commence 
teaching in any such school without such license, 
shall forfeit all claim to compensation out of the 
school fund for the term so teaching without such 
license. And if a teacher's license shall expire by 
its own limitation within a term of emploj^ment, such 
expiration shall not have the effect to stop the school, 
or stop the teacher's pay; Provided, That a teacher 
whose certificate so expires, if the term of school for 
which such teacher is employed extends more than 
one month after such expiration, shall secure a new 
certificate, or a renewal of the one held while the 
same is in force; and. Provided, further. That a cer- 
tificate shall not be required of persons employed to 
teach either music, drawing or modern languages 
only. No teacher shall be dismissed without good 
cause shown, and such teacher shall be entitled to re- 
ceive pay for services rendered. [G. L. '77, p. 828, Sec. 
2505; G. S. '83, p. 398, Sec. 3055, as amended by L. 
'87, p. 396, Sec. 26; Mills Ann. St., Sec. 4024. 

1. Kindergarten teachers, p. 100, Sec. 1. 



52 SCHOOL LAWS OF THE STATE OF COLORADO. 

Teachers to Keep Register — Statistics — Blanks. 

Sec. 61. It shall be the duty of the teacher of 
every public school in this State to keep, in a neat 
and businesslike manner, a daily register in such 
form and upon such blanks as shall be prepared by 
the Superintendent of Public Instruction. At the 
close of each term of school, not to exceed four 
months, the teacher shall fill the summary in such 
register, and, in ungraded schools, file the register 
with the secretary of the district, who shall preserve 
the same; in graded schools the register aforesaid 
shall be filed with the principal or superintendent of 
the district, in which case said principal or superin- 
tendent shall make an abstract of the summaries of 
all such registers upon blanks prepared by the Super- 
intendent of Public Instruction, and file the same 
with the secretary, which shall also be preserved. 
The teacher, principal or superintendent, as the case 
may be, who is in charge of the last term of school 
in any school year, shall file with the secretary a 
summary of the statistics for the year, as shown by 
the summarized reports of all the terms during the 
year. The principal teacher of every public school, 
within one week after the beginning of each term, 
shall notify the county superintendent of the date 
of such beginning and the proposed length of the 
term. Nothing in this section shall be construed to 
prohibit any district board from requiring teachers, 
principals and superintendents to keep any additional 
registers and records of statistics which such board 
may deem desirable. Until the registers, summaries 
and abstracts herein above described have beeen filed 
as aforesaid, it shall be unlawful for the offlcers of 
any district to draw a warrant for the last month's 
salary of any teacher, principal or superintendent 
whose duty it is to make and file such register, sum- 
mary or abstract. All blanks required in the execu- 
tion of this section shall be supplied by the superin- 
tendent of public instruction to county superintend- 



SCHOOL LAWS OF THE STATE OF COLORADO. 53 

ents, and by them to district secretaries. [G. L. '77, 
p. 828, Sec. 2506, as amended by L. '83, p. 271, Sec. 
11; G. S. '83, p. 899, Sec. 3056, as amended by L. '87, 
p. 397, Sec. 27; Mills Ann. St., Sec. 4025. 

SPECIAL DISTRICT MEETINGS. 
In Districts of Third Class. 

Sec. 62. In any district of the third class, the 
board of directors may at any time call a special meet- 
ing of the electors of such district, for any of the pur- 
poses specified in section sixty-two [sixty-three] of 
this act, and it shall be their duty to call such meet- 
ing if petitioned so to do by ten (10) legal voters of 
the district. Notices, specifying the time, place and 
object of such meeting shall be posted in three (3) 
public places, one of which shall be at the place of 
meeting, at least twenty ( 20 ) days prior to the time of 
holding such meeting. [G. L. '77, p. 829, Sec. 2507; 
G. S. '83, p. 899, Sec. 3057 ; Mills Ann. St., Sec. 4026. 

1. Classes of districts— election of directors. Sec. 41. 
Powers of Electors at Meetings. 

Sec. 63. The qualified electors of districts of the 
third class, when assembled at any regular or special 
meeting shall have power : 

First — To appoint a chairman and secretary in 
the absence of the regular officers. 

Second — To adjourn from time to time, as occa- 
sion may require. 

Third — To fix the site for each school house, tak- 
ing into consideration in doing so the wants and neces- 
sities of the people of each portion of the district. 

Fourth — To order such tax on taxable property 
of the district as the meeting shall deem sufficient for 
any of the following purposes: To pay teachers; to 
purchase or lease a suitable site for a school house or 
school houses; to build, rent or purchase a school 
house or school houses and to keep in repair and fur- 



54 SCHOOL LAWS OF THE STATE OF COLORADO. 

nish the same with the necessary fuel and append- 
ages; for procuring libraries for the schools, books 
and stationery for the use of the board and district 
meetings, and to defray all other contingent expenses 
of the district. 

Fifth — To direct the sale or other disposition to 
be made of any school house, or the site thereof, and 
of such other property, real or personal, as may be- 
long to the district, and to direct the manner in which 
the proceeds arising therefrom shall be applied. 

Sixth — To transact generally such business as 
may tend to promote the cause of education, in ac- 
cordance with the provisions of this act. 

Seventh — To adopt any rules of order for the gov- 
ernment of district meetings not incompatible with 
the provisions of this act, and to alter and change the 
same from time to time, as occasion may require. [G. 
L. '77, p. 830, Sec. 2508; G. S. '83, p. 899, Sec. 3058; 
Mills Ann. St., Sec. 4027. 

COUNTY SCHOOL TAXES. 
County Commissioners Shall Cause School Tax to Be Levied. 

Sec. 64. The county commissioners shall, at 
the time of levying the tax for county purposes, cause 
to be levied a tax for the support of the schools within 
the county, of not less than two (2) mills on the 
dollar, of the assessed value of all taxable property, 
real and personal, within the count}^, which tax shall 
be collected by the county treasurer at the same time, 
and in the same manner, as state and county taxes 
are collected, except that it shall be receivable only 
in cash. It is hereby made the duty of the county 
superintendent of schools to certify to the board of 
county commissioners at this time the amount of 
money needed per capita, to enable each school dis- 
trict in the county to maintain a public school four 
(4) months in each year, as required by law. In mak- 
ing his estimate, the county superintendent shall not 



SCHOOL LAWS OF THE STATE OF COLORADO. 55 

take into consideration districts whose school popu- 
lation shall be less than fifteen (15), as shown by the 
school census preceding the time of making the levy. 
He shall use as a basis for making his estimate the 
sum of forty (40) dollars per month for the teacher's 
salary. All other expenses of the school must be 
provided for by the board of directors by special tax. 
It is hereby made the duty of the county commission- 
ers to increase the minimum rate of two (2) mills, to 
what shall be required for the purpose, as stated as 
above; Provided, That such tax levy shall in no case 
exceed five (5) mills; Provided, further. If any school 
district shall fail to certify a special tax for other ex- 
penses of the district necessary to maintaining a pub- 
lic school each year, as provided for in Section sev- 
enty-seven, the county commissioners shall cause the 
same to be levied. [G. L. '77, p. 830, Sec. 2509 ; G. S. 
'83, p. 900, Sec. 3059, as amended by L. '87, p. 398, 
Sec. 28 ; Mills Ann. St., Sec. 4028, as amended by L. 
'91, p. 316, Sec. 1 ; 3 Mills Ann. St., Sec. 4028. 

1. Limit of levy, p. 108, Sec. 3. 
County Clerk Must Levy — Officer Failing, Forfeiture. 

Sec. 65. No county clerk or other person, who 
shall make out the tax list or assessment roll of any 
county, shall omit or neglect to levy said tax of two 
(2) mills, as aforesaid, by reason of the omission of 
the board of county commissioners to pass a resolu- 
tion for that purpose. Failure to levy a tax of at 
least two (2) mills, as above specified, shall be deemed 
a violation of the law, and the person or persons 
through whose neglect or refusal the failure so to 
levy shall occur, shall forfeit the sum of one hundred 
(100) dollars each, and be liable for all damages re- 
sulting from such neglect or failure. [G. L. '77, p. 
831, Sec. 2510; G. S. '83, p. 900, Sec. 3060; Mills Ann. 
St., Sec. 4029. 



56 SCHOOL LAWS OF THE STATE OP COLORADO. 

County Treasurer Certify School Moneys Collected — Pay Over — 
Failure — Penalty. 

Sec. 66. The county treasurer shall, on or be- 
fore the first day of January, April, July and Octo- 
ber of each year, certify the amount of said tax which 
shall have been collected, and the amount of any 
other county school money then in the county treas- 
ury, to the county superintendent, and shall render 
him a statement of the amount uncollected. The 
amount unpaid shall be collected at any subsequent 
time as delinquent taxes are collected, and shall be 
certified to the county superintendent, as aforesaid. 
Should the treasurer fail at any time to pay over the 
tax, as herein provided, he shall forfeit the sum of 
one hundred (100) dollars, and double damages, to be 
collected on his official bond; suit to be brought by 
the county superintendent, for the benefit of his 
county [school fund]. [G. L. '77, p. 831, Sec. 2511; 
G. S. '83, p. 901, Sec. 3061; Mills Ann. St., Sec. 4030. 

1. County treasurer pay school orders. Sees. 68, 68a, 68b. 

School Boards Shall Certify to Commissioners the Tax to Be 
Levied — Limit — Duties of Assessor and Treasurer — Pro- 
viso. 

Sec. 67. On or before the day designated by law 
for the commissioners of each county to levy the req- 
uisite taxes for the then ensuing year, the school 
board in each district shall certify to the county com- 
missioners the number of mills per dollar which it is 
necessary to levy on the taxable property of the dis- 
trict, to raise a special fund for any of the purposes 
specified in Section fifty-one of this chapter, and the 
county commissioners shall cause the same to be 
levied at the same time that other taxes are levied, 
and the amount of such special tax which shall be 
assessed to each taxpayer of such district shall be 
placed in a separate column of the tax book, which 
shall be headed "Special School Tax ;" Provided, That 
a school board of a district of the third class shall 
not certify, as above, to a higher rate than fifteen 



SCHOOL LAWS OF THE STATE OF COLORADO. 57 

mills per dollar. There shall also be a column in 
said tax book in which shall be designated the num- 
ber of the school district in which the property is 
listed. This tax shall be collected in cash only, and 
placed to the credit of the proper district as fast as 
collected, and the amount placed to the credit of 
each district shall be reported to the secretary of 
such district at the end of every month, and shall be 
subject to . the order of the district board. It is 
hereby made the duty of the county assessor and 
county treasurer to so arrange their tax schedules and 
books as to conform to the above provisions; Pro- 
vided, That the county assessor shall list all property, 
both real and personal, in the school district in which 
the same may be on the first day of May; and. Pro- 
vided, further. That the board of any district may 
order {he levy of not to exceed one-tenth of one mill, 
the proceeds of which shall be used exclusively in the 
purchase of books for a library, to be open to the pub- 
lic, under such rules as the district board may deem 
needful for the proper care of the said library. [G. L. 
'77, p. 831, Sec. 2512, as amended by L. '81, p. 218, Sec. 
10 ; G. S. '83, p. 901, Sec. 3062, as amended by L. '87, 
p. 398, Sec. 9 ; Mills Ann. St., Sec. 4032. 

1. Limit of levy, p. 115, Sec. 3. 
Treasurer Keep Separate Accounts — Warrants. 

Sec. 68. It shall be the duty of the county treas- 
urer to open and keep separate accounts with each 
school district in his county, and hold the funds of 
each district, subject to the legal warrants of the 
president, as provided by Section 53 of this chapter. 
If the legal .warrant of any school district in his 
county be presented to the county treasurer when 
there are no funds in his hands to the credit of the 
district fund against which the warrant is drawn, he 
shall endorse such warrant ^'No funds," and said war- 
rant shall draw interest from the date of such endorse- 
ment at the same rate as county warrants in like con- 
dition. The treasurer shall keep a list of all war- 



58 SCHOOL LAWS OF THE STATE OF COLORADO. 

rants so endorsed, and shall pay them whenever there 
is sufficient money to the credit of the proper fund in 
the order of such endorsement. The interest on such 
warrants shall stop when the treasurer shall give no- 
tice that he has funds to pay the same; Provided, It 
shall not he lawful for the officers of any district to 
issue warrants at any time in an amount in excess of 
the tax levy for the current year. [G. L. '77, p. 832, 
Sec. 2513; G. S. '83, p. 901, Sec. 3063, as amended by 
L. '87, p. 399, Sec. 30 ; Mills Ann. St., Sec. 4033. 

1. Duties of county treasurer in matters of school funds. 
Sec. 26. 

An Act to provide for the payment of school orders by the 
county treasurer, as soon as there is money on hand for the pay- 
ment of the same. Approved March 29, 1887. In force June 29, 

1887. [L. '87, p. 405. 

Pay School Orders. 

Sec. 68a. It shall be the duty of the county 
treasurer of each county in this state, when there are 
sufficient funds to the credit of any school district, 
or to the credit of any school fund of any such district, 
to pay in full the principal and interest of any 
orders which may be on such fund, in the order of 
their registration, and if at any time there shall be 
|200 in the hands of such treasurer, to the credit of 
any such fund, it shall be his duty to cause to be pub- 
lished in some newspaper published at the county- 
seat of such county, for twenty days, a notice that 
certain school orders (describing same by numbers 
and amounts) will be paid upon presentation, and at 
the expiration of said twenty days' advertisenient 
such orders shall cease to bear interest. [L. '87, p. 405, 
Sec. 1; Mills Ann. St., Sec. 4031. 

An Act to pr,ovide a penalty for failure of the state or 
county, city, town or school district treasurers to call warrants 
as provided by law. Approved and in force April 4, 1899. [L. '99, 
p. 424. 

Failure to Publish Call — Penalty. 

Sec. 68b. Whenever the treasurer of the State 
or any county, city, town or school district shall have 



SCHOOL LAWS OF THE STATE OF COLORADO. 59 

in his hands any moneys applicable to tlie payment 
of any city or county, state or school district warrant 
and shall fail or neglect for thirty days to publish 
a call as provided by law for the presentation and pay- 
ment of warrants, he shall be deemed guilty of a mis- 
demeanor and, upon conviction, shall be liable to a 
fine (of) not less than ten nor more than three hun- 
dred dollars. [L. '99, p. 429, Sec. 1. 

PENAL FUND. 

What Fines Paid to School Fund — Accounts — Collector Failing to 
Pay — Penalty — Duty of Superintendent. 

Sec. 69. All fines, penalties and forfeitures pro- 
vided by this act may be recovered by action of debt, 
in the name of The People of the State of Colorado, 
for the use of the proper school district or county, 
and shall, when they accrue, belong to the respective 
districts or counties in which the same may have been 
incurred; and the county treasurers, for their coun- 
ties, are hereby authorized to receive and cause to be 
placed to the proper credit such forfeitures. Except 
as otherwise provided by law, all sums of money de- 
rived from fines imposed for violation of orders of 
injunction, mandamus and other like writs, or for 
contempt of court, shall be paid into the school fund 
of the county wherein the contempt or such violation 
was committed ; and the clear proceeds of all fines 
collected within the several counties of the state for 
breach of the penal laAvs, and all funds arising from 
the sale of lost goods and estrays shall be paid over 
in cash by the person collecting the same, within 
twenty (20) days after the collection, to the county 
treasurer of the county in which the same have ac- 
crued, and shall be by him credited to the general 
county school fund. He shall indicate in such entry 
the source from which such money was derived. Any 
officer, or person, collecting or receiving any such 
fines, forfeitures or other moneys, and refusing and 
[or] failing to pay over the same, as required by law, 



60 SCHOOL LAWS OF THE STATE OF COLORADO. 

shall forfeit double the amount so withheld, and in- 
terest thereon at the rate of five (5) per cent, per 
month during the time of so withholding the same; 
and it shall be a special duty of the county superin- 
tendent of schools to supervise and see that the provi- 
sions of this section are fully complied with, and re- 
port thereupon to the county commissioners semi-an- 
nually, or oftener, if required by them. [G. L. '77, p. 
832, Sec. 2514; G. S. '83, p. 902, Sec. 3064; Mills Ann. 
St., Sec. 4034. 

1. County treasurer make report of, p. 107, Sec. 2. 

2. Justice report fines, p. 107, Sec. 1. 

SPECIAL BUILDING FUND. 
Levy Not to Be Reconsidered. 

Sec. 70. It shall not be lawful for a district or 
a district board to reconsider the question of the levy 
of a special tax after the same has been certified to 
the county commissioners, nor shall said commission- 
ers be charged with any discretion in the matter of 
such levy further than to ascertain if the law has been 
obeyed. [G. L. '77, p. 833, Sec. 2515 ; G. S. '83, p. 902, 
Sec. 3065, as amended by L. '87, p. 399, Sec. 31; Mills 
Ann. St., Sec. 4035. 

Illegal to Use General School Fund for Building Purposes — 
Proviso. 

Sec. 71. It shall be illegal for any school board 
to appropriate or cause to be used any money belong- 
ing to the general school fund, for the purpose of 
building, furnishing or erecting additions to any 
school house, or for the purchase or improvement of 
any school house, site or lot; Provided, That if any 
portion of the aforesaid school fund remains to the 
credit of any district after the payment of all ex- 
penses necessary to the support of a public school for 
a period of ten months in any one year, in said dis- 
trict, it shall be lawful for the district board to use 
such balance for any of the purposes provided for in 



SCHOOL LAWS OF THE STATE OF COLORADO. 61 

Section fifty-one of this chapter. [G. L. '77, p. 833, 
Sec. 2516 ; G. S. '83, p. 902, Sec. 3066 ; as amended by 
L. '87, p. 399, Sec. 32 ; Mills Ann. St., Sec. 4036. 

1. Public contracts, p. 77, Sec. 1. 

APPORTIONMENT OF SCHOOL FUND. 
Basis of Apportionment. 

Sec. 72. In apportioning the general fund, as 
directed in Section 19 of this chapter, the county 
superintendent shall base the July apportionment, in 
each year, on the census lists and reports of the sec- 
retaries of the several districts for the school year 
next preceding, and he shall base all apportionments 
on said lists and reports for a period of one year, ex- 
cept in the case of the apportionment to new dis- 
tricts, as provided in Section 32 of this chapter. [G. 
L. '77, p. 834, Sec. 2517 ; G. S. '83, p. 903, Sec. 3067, as 
amended by L. '87, p. 400, Sec. 33; Mills Ann. St., 
Sec. 4037. 

Apportionment. 

Sec. 73. The county superintendent shall ap- 
portion the funds aforesaid among the districts en- 
titled to the same, according to the number of per- 
sons of school age, as shown by the census lists and 
report of the several districts for the school year im- 
mediately preceding, as provided in Section 72. [G. 
L. '77, p. 834, Sec. ^2518; G. S. '83, p. 903, Sec. 3068, 
as amended by L. '87, p. 400, Sec. 34 ; Mills Ann. St., 
Sec. 4038. 

Failure of Secretary to Report — Duty of Superintendent of Public 
Instruction. 

Sec. 74. Whenever a district secretary fails to 
file his annual report and census list with the county 
superintendent, according to law, thereby rendering 
it impossible for the said superintendent to appor- 
tion to such district any part of the general fund for 
the ensuing year, if it can be shown to the satisfac- 
tion of the Superintendent of Public Instruction 



62 SCHOOL LAWS OF THE STATE OF COLORADO. 

that sucli report and census list were prepared and 
reasonable diligence used to place the same in the 
hands of the county superintendent, and that such 
report and census list failed to reach said superin- 
tendent by reason of some accident or extraordinary 
occurrence; and if it be further shown that a public 
school was maintained in such district for not less 
than the minimum time required by the State consti- 
tution ; and if it be also shown that duplicates of the 
missing papers have been placed in the hands of the 
county superintendent, or in his office, then the Super- 
intendent of Public Instruction shall direct the county 
superintendent to apportion to such district its per 
capita share of the general fund distributed during 
the remainder of the year, as provided in section 72. 
[G. L. '77, p. 834, Sec. 2519 ; G. S. '83, p. 903, Sec. 3069, 
as amended by L. '87, p. 400, Sec. 35 ; Mills Ann. St., 
Sec. 4039. 

1. Report of Secretary. Sec. 56. 
Failure to Maintain School. 

Sec. 75. Any school district failing to maintain 
a public school at least three months of any school 
year, shall not be entitled to receive any portion of 
the school fund for that year. [G. L. '77, p. 834, Sec. 
2520; G. S. '83, p. 903, Sec. 3070, as amended by L. 
'87, p. 401, Sec. 36 ; Mills Ann. St., Sec. 4040. 

SCHOOLS. 
Public School Defined. 

Sec. 76. A public school is hereby defined to be 
a school that derives its support entirely, or in part, 
from moneys raised by a general State, county or 
district tax. [G. L. '77, p. 835, Sec. 2521; G. S. '83, 
p. 904, Sec. 3071 ; Mills Ann. St., Sec. 4041. 

Schools Open, to Whom. 

Sec. 77. Every public school, except high 
schools, shall be open for the admission of all chil- 
dren between the ages of six (6) and twenty-one (21) 



SCHOOL LAWS OF THE STATE OF COLORADO. 63 

years residing in that school district during at least 
four school months in each year, and the school board 
shall have power to admit adults, and children not 
residing in the district, if they see fit so to do, and 
to fix the terms of such admission. [G. L. '77, p. 835, 
Sec. 2522 ; G. S. '83, p. 904, Sec. 3072, as amended by 
L. '89, p. 301, Sec. 3 ; Mills Ann. St., Sec. 4042. 

Schools Taught in English Language — Hygiene — Spanish — Ger- 
man — Humane Treatment to Animals. 

Sec. 78. The public'schools of this state shall be 
taught in the English language, and the school boards 
shall provide to have taught in such schools the 
branches specified in section fifteen of said chapter, 
and such other branches of learning in other lan- 
guages as they may deem expedient, including hygiene, 
with special reference to the effects of alcoholic 
stimulants and narcotics upon the human body; and 
shall cause to be given in each school week two lessons 
of not less than ten minutes duration each on the 
subject of humane treatment to animals; and when- 
ever the parents or guardians of twenty or more chil- 
dren of school age shall so demand, the board of such 
school district may procure efllicient instructors and 
introduce the German and Spanish languages, or 
either of them, and gymnastics, as a branch of study 
into such school ; and said district board may, upon 
like demand of the parents and guardians of children 
of school age, procure efficient instructors to teach the 
branches specified in said section fifteen, in the Ger- 
man and Spanish languages, or in either of said lan- 
guages, as said board may direct. [G, L. '77, p. 835, 
Sec. 2523 ; G. S. '83, p. 904, Sec. 3073, as amended by 
L. '87, p. 401, Sec. 37; Mills Ann. St., Sec. 4043, as 
amended L. '01, p. 362, Sec. 1. 

School Year — Month — Week — Day — National Holidays. 

Sec. 79. The school year shall begin on the first 
day of July and end on the thirtieth day of June. A 
school month shall be four weeks, a school week five 



64 SCHOOL LAWS OF THE STATE OF COLORADO. 

days, and a school day shall not exceed six hours, ex- 
cluding the time of intermission at noon. The term 
"National Holiday," in this chapter, shall be con- 
strued to mean Thanksgiving Day, Christmas Day, 
New Year's Day, Washington's Birthday, Decoration 
Day, Labor Day and the Fourth day of July. Elec- 
tion day in November. [G. L. '77, p. 835, Sec. 2524; 
G. S. '83, p. 904, Sec. 3074, as amended by L. '87, p. 
401, Sec. 38; Mills Ann. St., Sec. 4044. 

SCHOOL CENSUS. 
Census — School Age. 

Sec. 80. A school census is hereby defined to be 
a census embracing all persons between the ages of 
six and twenty-one years. School age is hereljy de- 
fined to be any age over six and under twenty-one 
years. [G. L. '77, p. 835, Sec. 2525; G. S. '83, p. 904, 
Sec. 3075 ; Mills Ann. St., Sec. 4045. 

1. County Superintendent take census. Sec. 54. 

TEACHERS' NORMAL INSTITUTES. 
Normal Institutes — Time and Place — How Determined. 

Sec. 81. For the purpose of organizing and 
maintaining teachers' normal institutes, the state 
shall be divided into the following institute districts, 
viz: The counties of Sedgwick, Phillips, Logan, 
Yuma, Washington and Morgan to constitute normal 
district No. one (1). The counties of Weld, Larimer 
and Boulder to constitute normal district No. two (2). 
The county of Arapahoe to constitute normal dis- 
trict No. three (3). The counties of Gilpin, Clear 
Creek and Jefferson to constitute normal district No. 
four (4). The counties of Douglas, Elbert and El 
Paso to constitute normal district No. five (5). The 
counties of Kit Carson, Lincoln and Cheyenne to con- 
stitute normal district No. six (6). The counties of 
Fremont, Custer and Pueblo to constitute normal 
district No. seven (7). The counties of Kiowa, Otero, 



SCHOOL LAWS OF THE STATE OF COLORADO. 65 

Bent, Prowers and Baca to constitute normal district 
No. eight (8). Tlie counties of Huerfano and Las 
Animas to constitute normal district No. nine (9). 
The counties of Saguache, Costilla, Conejos and Kio 
Grande to constitute normal district No. ten (10). 
The counties of La Plata, Montezuma, Archuleta, 
Dolores and San Juan to constitute normal district 
No. eleven (11). The counties of San Miguel, Ouray, 
Hinsdale, Mesa, Delta, Montrose and Gunnison to 
constitute normal district No. twelve (12). The coun- 
ties of Chaffee, Lake, Park, Pitkin, Eagle, Summit, 
Garfield, Routt, Kio Blanco and Grand to constitute 
normal district No. thirteen (13). Provided, That 
new counties formed within the limits of any insti- 
tute district shall be a part of said district. A nor- 
mal institute for the instruction of teachers and 
those desiring to tea( h may be held annually for a 
term of not less than two weeks in each normal dis- 
trict of the state. The county superintendents of 
each institute district shall annually select not more 
than three of their number as an executive commit- 
tee, who, with the advice and consent of the super- 
intendent of public instruction and the president of 
the state normal school, shall determine the time and 
place of holding such normal institute, and shall se- 
lect a conductor and instructor for the same. To de- 
fray the expense of said institute the executive com- 
mittee shall require the payment of one dollar reg- 
istration fee for each person attending the normal 
institute, and each county superintendent is hereby 
authorized to add five per cent, to the average stand- 
ing in examination of teachers who shall attend the 
normal institute from his county. When a normal 
institute of not less than two weeks is held in any in- 
stitute district of the state the executive committee 
in charge shall certify to the boards of county com- 
missioners of the several counties within the district 
the number and names of the persons attending said 
institute from their respective counties, and it shall 



66 SCHOOL LAWS Ol' THE STATE OF COLORADO. 

be the duty of the board of county commissioners of 
the county where such persons belong to appropriate 
the sum of two dollars for each person so certified. 
The funds arising from registration fees and appro- 
priations of county commissioners shall be desig- 
nated the "Normal institute fund," and some county 
treasurer, whom a majority of the county superin- 
tendents of the district shall designate, shall be the 
custodian of said funds. The executive committee 
shall, at the close of each institute, transmit to said 
custodian all funds received by it, as provided in this 
section, together with the name of each person pay- 
ing a registration fee. The executive committee 
shall also report to the several boards of county com- 
missioners in the district, the name and address of the 
custodian of the "Normal institute fund." On the 
receipt of such notice the several boards of county 
commissioners shall issue warrants for the appropria- 
tions provided in this section, payable to said custo- 
dian. It shall be the duty of the Superintendent of 
Public Instruction, annually, when the executive com- 
mittee of any normal institute district shall certify 
that not less than twenty persons have paid the regis- 
tration fee, and have received instructions during the 
session of the institute, to certify the same to the Au- 
ditor of State, who shall forward to the custodian of 
the "Normal institute fund" of such district a warrant 
on the State Treasurer for the sum of fifty dollars, to 
be paid out of any money appropriated for that pur- 
pose. All disbursements of the "Normal institute 
fund" shall be upon the order of the executive com- 
mittee, and no order shall be drawn on said fund ex- 
cept for claims approved by said committee for serv- 
ices rendered and expenses incurred in connection 
with the normal institute. It shall be unlawful to 
pay any one from the institute fund for services as 
conductor or instructor for such institute, who dc^s 
not hold a certificate or qualification for such work, 
issued by the State Board of Education, upon the rec- 



SCHOOL LAWS OF THE STATE OF COLORADO. 67 

ommendation of the State Board of Examiners ; Pro- 
vided, That a member of the State Normal School fac- 
ulty shall be ex officio a conductor of normal insti- 
tutes. [G. L. '77, p. 836, Sec. 2526, as amended by L. 
'83, p. 272, Sec. 13; G. S. '83, p. 904, Sec. 3076, as 
amended by L. '87, p. 402, Sec. 39 ; Mills xinu. St., Sec. 
4048, as amende'd by L. ^91, p. 320, Sec. 1 ; 3 Mills Ann. 
St., Sec. 4048. 

1. By act of the Twelfth General Assembly, Teller county 
was made a part of the fifth normal institute district. [L. '99, 
p. 415, Sec. 13. 

2. By act of the Eleventh General Assembly, Mineral 
county was made a part of normal district No. ten (10). 

Applicant for Teachers' Certificate Pay Fee. 

Sec. 81 a. Each applicant for a teacher's certifi- 
cate at any regular countj^ examination, and each 
successful applicant for a renewal or endorsement of 
a certificate, or for the issue of a like grade certificate, 
shall pay for the privilege of such examination, re- 
newal, endorsement or issue of like grade certificate, 
a fee of one dollar, which shall be collected by the 
county superintendent of schools and forwarded, with 
his report of each examination, to the superintendent 
of public instruction. [L. '01, p. 363, Sec. 1. 

Fees Turned Into State Treasury. 

Sec. 81 b. All fees thus collected and remitted to 
the superintendent of public instruction shall be 
turned over to the state treasurer and shall constitute 
a state normal institute fund. [L. '01, p. 363, Sec. 2. 

Apportionment. 

Sec. 81 c. At the time of -apportioning the state 
school fund in July of each year the superintendent 
of public instruction shall apportion the state normal 
institute fund equally among the normal institute dis- 
tricts of the state, and the sum accredited to each 
normal institute district shall be transmitted to the 
custodian of the normal institute fund thereof in the 
same manner as each county's apportionment of the 
state school fund is now transmitted to the county 



68 SCHOOL LAWS OF THE STATE OF COLORADO. 

treasurer; and each district's apportionment of the 
state normal institute fund shall be applied and ex- 
pended in the same manner and for the same purposes 
as the fund of each normal institute district has here- 
tofore been applied and expended. [L. '01, p. 364, 
Sec. 3. 

APPEALS. 

From District Board to County Superintendent. 

Sec. 82. Any person aggrieved by any decision 
or order of the. district board of directors, in matter 
of law or fact, may, within thirty days after the ren- 
dition of*such decision, or making of such order, ap- 
peal therefrom to the county superintendent of the 
proper county. [G. L. '77, p. 836, Sec. 2527; G. S. '83, 
p. 905, Sec. 3077; Mills Ann. St., Sec. 4049. 

Affidavit. 

Sec. 83. The basis of the proceeding shall be an 
affidavit filed by the party aggrieved, with the county 
superintendent, within the time for taking the ap- 
peal. [G. L. '77, p. 836, Sec. 2528; G. S. '83, p. 905, 
Sec. 3078; Mills Ann. St., Sec. 4050. 

Contents of Affidavit. 

Sec. 84. The affidavit shall set forth the errors 
complained of in a plain and concise manner. [G. L. 
'77, p. 836, Sec. 2529 ; G. S. '83, p. 905, Sec. 3079 ; Mills 
Ann. St., Sec. 4051. 

Superintendent Notify Secretary — Transcript. 

Sec. 85. The county superintendent shall, within 
five days after the filing of such affidavit in his office, 
notify the secretary of the proi>er district, in writing, 
of the taking of such appeal, and the latter shall, 
Avithin ten days after being thus notified, file in the 
office of the county superintendent a complete tran- 
script of the record and proceedings relating to the 
decision complained of, which shall be certified to be 
correct by the secretary. [G. L. '77, p. 837, Sec. 2530 ; 
G, S. '83, p. 905, Sec. 3080 ; Mills Ann. St., Sec. 4052. 



SCHOOL LAWS OF THE STATE OF COLORADO. 09 

Notice to Parties. 

Sec. 86. After the filing of the transcript, afore- 
said, in his office, he shall notif}^, in writing all per- 
sons adversely interested, of the time and place where 
the matter of the appeal will be heard by him. [G. L. 
'77, p. 837, Sec. 2531 ; G. S. '83, p. 905, Sec. 3081 ; Mills 
Ann. St., Sec. 4053. 

Hearing Appeal — Oaths. 

Sec. 87. At the time thus fixed for hearing, he 
shall hear testimony for either party, and for that 
purpose may administer oaths, if necessary, and he 
shall make such decision as may be just and equitable, 
which sliall be final, unless appealed from, as herein- 
after provided. [G. L. '77, p. 837, Sec. 2532 ; G. S. '83, 
p. 905, Sec. 3082 ; Mills Ann. St., Sec. 4054. 

Appeal from County Superintendent to State Board of Education. 

Sec. 88. Any person or district board aggrieved 
by any decision or order of the County Superintendent 
in a matter of law or fact, may, within thirty days 
after the rendition of such decision or making of such 
order, appeal therefrom to the State Board of Educa- 
tion, in the same manner as provided in this act for 
taking appeals from the district board to the County 
Superintendent as nearly as applicable. In case of an 
appeal, where a trial has been Imd before the County 
Superintendent and a decision rendered, the State 
Board of Education shall examine a transcript of such 
proceeding and render a decision therefrom, but no 
new testimony shall be admitted. In other cases of 
appeal the said board may require of the parties such 
papers and documents as may be thought necessary, 
they may issue subpoenas and compel witnesses to 
attend and testify, and the said board shall have the 
])ower to administer oaths through its president. The 
decision of the said board, or a majority of said Board, 
sliall be rendered by the President, and such decision, 
when made, shall be final. When an applicant for a 
certificate at a regular examination shall feel ag- 



70 SCHOOL LAWS OF THE STATE OF COLORADO. 

grieved at the decision of the County Superintendent, 
and shall appeal to the State Board of Education the 
questions used and answers given shall be examined by 
the said board, and if the decision of the County Su- 
perintendent be reversed, the State Board of Educa- 
tion shall issue to the appellant a certificate of such 
grade as the answers shall warrant ; Provided, That a 
good moral character and success as a teacher be 
shown. [G. L. '77, p. 837, Sec. 2533 ; G. S. '83, p. 905, 
Sec. 3083, as amended by L. '89, p. 301, Sec. 4 ; Mills 
Ann. St., Sec. 4055, amended L. '03, p. 416, Sec. 1. 

No Judgment for Money. 

Sec. 89. Nothing in this act shall be so construed 
as to authorize either the county superintendent or 
the State board to render a judgment for money; 
neither shall they be allowed any other compensation 
than is allowed by law. All necessary postage must 
first be paid by the party aggrieved. [G. L. '77, p. 
837, Sec. 2534; G. S. '83, p. 906, Sec. 3084; Mills Ann. 
St., Sec. 4056. 

SCHOOL DISTRICT BONDS. 

Question of Bonded Debt Submitted to Voters — Qualifications of 
Voters — Limitation of Debt. 

Sec. 90. On the petition of twenty legal voters 
of any school district, the secretary of said district 
shall give notice not less than twenty days before 
any regular or special meeting held under the provis- 
ion of this chapter, that the question of contracting 
a bonded debt for the purpose of erecting and fur- 
nishing school buildings, or purchasing ground, or 
for funding floating debts, will be submitted to such 
qualified voters of the district as have paid a school 
tax therein in the year next preceding the said meet- 
ing; Provided, That it shall be lawful for districts of 
the first and second class to hold special meetings 
for this purpose, in the same manner as is provided 
in this chapter for districts of the third class. Any 
person offering to vote maj be challenged by any 



SCHOOL LAWS OP THE STATE OF COLORADO. 71 

legally qualified elector of the district, and any one 
of the judges of election shall thereupon administer to 
the person challenged an oath, as follows : "You do 
swear (or affirm) that you are a citizen of the United 
States, or that you have declared your intention to 
become such; that you have resided in the State of 
Colorado six months immediately preceding this elec- 
tion; that you are twenty-one years of age; that you 
have resided in this district thirty days next preced- 
ing this election ; and that you have paid a school tax 
within this school district during the past year, and 
that you have not voted at this election, so help you 
God (or under the pains and penalties of perjury)." 
If he shall refuse to take such oath or affirmation, 
his vote shall be rejected. The electors aforesaid shall 
first agree, by a majority vote, on the amount of in- 
debtedness to be created,' if any (but in no case shall 
the aggregate amount of bonded indebtedness of any 
school district exceed three and one-half per cent, of 
the assessed value of the property of such district), 
and shall then proceed to vote by ballot "For the 
bonds," or "Against the bonds," and the ballot box 
for this purpose shall be kept open, as provided in 
section forty-four of this act; and if it appear that a 
majority of all the votes cast are "For the bonds," 
the board of directors, as soon as practicable, shall 
issue coupon bonds of the district, bearing interest 
not exceeding eight per cent, per annum, payable 
semi-annually, and redeemable at the pleasure of the 
district, after five years, and payable fifteen years 
from date, the principal and interest payable at the 
ofiice of the treasurer of the county in which the said 
district may be situated, or the interest may be made 
payable in the city of New York, at the option of the 
holders thereof, and the cancelled coupons shall be at 
the disposal of the district board. [G. L. '77, p. 837, 
Sec. 2535 ; G. S. '83, p. 906, Sec. 3085, as amended by 
L. '87, p. 404, Sec. 40; Mills Ann. St., Sec. 4057. 

1. Refunding bonds, Sec. 99. 



72 SCHOOL LAWS OF THE STATE OF COLORADO. 

Registry of Bonds — Recorder's Duty. 

Sec. 91. Whenever any school district shall is- 
sue bonds under the provisions of this act, all such 
bonds shall, previous to being negotiable, be presented 
to the recorder of the county, to be duly registered 
by him in a book kept for that purpose in his office, 
noting the school district, amount, time of payment 
and rate of interest, and all such bonds shall state on 
their face that they are issued under the provisions 
of this act. [G. L. '77, p. 838, Sec. 2536; G. S. '83, p. 
907, Sec. 3086 ; Mills Ann. St., Sec. 4058.* 

Special Tax — Treasurer's Duty — County Board — Payment — Treas- 
urer Advertise. 

Sec. 92, Whenever any school district shall is- 
sue bonds under the provisions of this act, it shall be 
the duty of the board of commissioners of the county 
in which said district may be situated to levy and 
assess a special tax on the taxable property of such 
district in amount sufficient to pay the interest cou- 
pons thereon, when the same shall become due ac- 
cording to their tenor and effect, and the county treas- 
urer shall collect the same as other taxes are col- 
lected, in cash only, keeping the same separate from 
other funds received by him ; and if there shall be any 
surplus after paying [the coupons and] the expenses 
of collecting such special tax, the treasurer shall, 
without delay, pass the same to the credit of such 
school district, and such fund so passed to the credit 
of the district shall be subject to the disposal of the 
board of directors. And after the expiration of five 
years next after the issue of such bonds, and annually 
thereafter, until the full payment of said bonds, the 
said county commissioners shall provide by taxation, 
and shall collect at least ten per centum, and not more 
than twenty per centum, of the principal of such 
bonds, which amount shall be assessed and collected 
the same as the tax for the payment of the interest 
coupons, and when collected shall be turned over to 
the treasurer of such school district, such money to 



SCHOOL LAWS OF THE STATE OF COLORADO. 73 

be used only iu the payment of such bonds, in manner 
as follows: The treasurer of such school district, im- 
mediately after receiving the money as aforesaid, shall 
advertise in some newspaper published in his county, 
if there be any, for four successive weeks, that, on a 
certain day named in the advertisement, he will pay 
certain of the district bonds, said bonds to be de- 
scribed in the advertisement by number and amount, 
and the advertisement shall further state that after 
the day so fixed for payment the interest on the bonds 
described as aforesaid shall cease and determine. The 
said payment shall be nmde at the office and in the 
presence of the treasurer of the county, who shall can- 
cel the bonds redeemed, and a minute of such cancel- 
lation shall be made on the books of the county re- 
corder, after which they shall be at the disposal of 
the district board. The provisions of this section for 
levying and collecting taxes, and for the payment of 
interest coupons, shall be applicable to all school dis- 
tricts that have issued bonds under the ])rovisions of 
the laws of the I'erritory of Colorado. [G. L. '77, p. 
838, Sec. 2537; G. S. '83, p. 907, Sec. 3087; Mills 
Ann. St., Sec. 4059. 

Redemption of Bonds — Premium. 

Sec. 93. In all districts that have issued bonds 
under the provisions of the laws of the Territory of 
Colorado, the treasurer of the district, immediately 
after receiving the annual installment of the fund 
for the redemption of said bonds, as provided in sec- 
tion 91 [92], shall go into the market and, at the low- 
est price for which he can obtain such bonds, shall 
use such fund in the retiring of such bonds to the ex- 
tent of such fund; Provided, That the said treasurer 
shall not pay more than five per cent, premium on any 
bonds of his district, and any balance of said funds re- 
maining in the hands of said treasurer shall be in- 
vested, as nearly as possible, in United States bonds 
(u- State bonds of Colorado. [G. L. '77, p. 839, Sec. 



74 SCHOOL LAWS OF THE STATE OF COLORADO. 

2538; G. S. '83, p. 908, Sec. 3083; Mills Ann. St., Sec. 
4060. 

U. S. Bonds, How Kept — Proceeds — Sale. 

Sec. 94. All United States or state bonds, which 
may come into the hands of any district treasurer, 
under the provisions of this act, shall be duly re- 
corded in the books of the district, and deposited in 
the safety vault of some bank within the State, se- 
lected by the district board. The interest coupons 
of said bonds shall be duly collected by the district 
treasurer, and the proceeds turned over to the county 
treasurer, to be used in the payment of the interest 
coupons of the bonds of such district, and the annual 
tax for the payment of the interest on said district 
bonds shall be proportionately lessened. Said United 
States or State bonds shall be sold by the district 
board at the best market rates, and the proceeds 
thereof used to redeem the bonds of the district when 
the same become due or when they can be bought at 
not to exceed five per cent, premium. [G. L. '77, p. 
840, Sec. 2539; G. S. '83, p. 908, Sec. 3089; Mills Ann. 
St., Sec. 4061. 

Change of Boundaries Not Release Property — Annexed Property. 

See. 95. No change an the boundary lines of such 
school district shall release the taxable real estate 
of the district from assessment and levy of taxes to 
pay the interest and principal of such bonds, and if 
there shall be any Change of the lines of such school 
district, so as to leave any portion of the taxable real 
estate of the district out of the district, which was 
subject to taxation in the district at the time of the 
issue of such bonds, the assessment and levy for prin- 
cipal and interest of such bonds shall be made on such 
property as if it were still within the district, and 
if there shall be any change of the lines of such school 
district, so as to annex any taxable real estate, after 
the issue of such bonds, the real estate so annexed 
shall thereafter be subject to the assessment and levy 



SCHOOL LAWS OF THE STATE OF COLORADO. 75 

for principal and interest of siicli bonds. [G. JL. '77, 
p. 840, Sec. 2540 ; G. S. '83, p. 908, Sec. 3090 ; Mills 
Ann. St., Sec. 4062. 

County Treasurer's Fees. 

Sec. 96. The treasurer of the county shall re- 
ceive the same compensation for the collection of such 
special taxes as he does for other school taxes. [G. L. 
'77, p. 841, Sec. 2541; G. S. '83, p. 909, Sec. 3091; Mills 
Ann. St., Sec. 4063. 

Bonds — How Executed. 

Sec. 97. All such bonds so issued shall be signed 
by the president of the board of directors, and shall 
have the seal of the district attached, and shall be 
countersigned by the county treasurer. [G. L. '77, 
p. 841, Sec. 2542; G. S. '83, p. 909, Sec. 3092; Mills 
Ann. St., Sec. 4064. 

Repeal. 

Sec. 98. An act entitled "An act concerning 
school bonds," approved January 29, 1872, and all 
acts amendatory thereto; also, an act entitled "An 
act to amend, revise aud consolidate the acts relat- 
ing to public schools," approved February 11, 1876, 
and all other general laws inconsistent with this act, 
are hereby repealed. [G. L. '77, p. 841, Sec. 2543; G. 
S. '83, p. 909, Sec. 3093 ; Mills Ann. St., Sec. 4065. 

Board of Directors Refund Bonded Indebtedness — Interest. 

Sec. 99. That when the bonded indebtedness 
of any school district in this state has matured, or 
may hereafter mature, or has or may hereafter be- 
come redeemable at the pleasure Xtf the district, and 
there shall not be funds in the treasury of such school 
district available for that purpose with which to re- 
deem or pay such bonds, it shall be lawful for the 
board of directors of such school district to issue and 
sell new bonds, equal to the sum necessary and not 
otherwise provided for the payment of the bonds then 



76 SCHOOL LAWS OF THE STATE OF COLORADO. 

matured or those then redeemable at the pleasure of 
such school district, and such bonds thus issued shall 
not be sold at a less price than their par value ; Pro- 
vided, It shall be lawful for the board of directors 
of any school district having a bonded indebtedness, 
to refund the same, at any time, with the consent of 
the bond owners, in bonds bearing a less rate of in- 
terest than the bonds so refunded and running for a 
longer time, which said bonds thus issued shall be ex- 
changed at not less than par for the bonds outstand- 
ing. 

Provided, further. That all bonds issued under 
this section shall bear interest at such rate as said 
school board may determine, not to exceed 8 per 
cent, per annum, and shall be redeemable at the 
pleasure of the district board, in not to exceed ten 
years and payable in not to exceed twenty years from 
the date thereof, and the date after which said bonds 
are redeemable shall be plainly written or printed 
on the face thereof. [L. '79, p. 169, Sec. 1 ; G. S. '83, 
p. 909, Sec. 3094 ; as amended by L. '87, p. 377, Sec. 1 ; 
Mills Ann. St., Sec. 4066, as amended by L. '97, p. 263, 
Sec. 1. 

What Laws Apply to Issue and Payment — Except. 

Sec. 100. All the provisions of the laws of the 
State of Colorado, now existing, relating to the duties 
of district and county officers in the issue and pay- 
ment of district bonds, and relating to the assess- 
ment and collection of taxes for the payment of 
the interest and principal of school district bonds, 
shall be held to apply equally and in like manner to 
all matters pertaining to the issue and payment of 
bonds issued under the provisions of this act, ex- 
cept that the time when taxes shall be levied and 
collected for the payment of the principal of said 
bonds shall be as hereinafter provided. [L. '79, p. 169, 
Sec. 2; G. S. '83, p. 909, Sec. 3095; Mills Ann. St., 
Sec. 4067. 



SCHOOL LAWS OB^ THE STATE OF COLORADO. 77 

County Board Levy Tax — Treasurer Collect. 

Sec. 101. At the time provided by law for the 
levying of county taxes in the year next preceding 
the date at which the first installment of said bonds 
shall mature, and every year thereafter until the 
whole amount of said bonds shall be redeemed, the 
board of county commissioners of any county in 
which bonds shall have been issued under the pro- 
visions of this act, shall levy a tax sufficient to pay 
not less than ten per centum nor more than twenty 
per centum of the principal of said bonds, and the 
county treasurer shall collect the same as other taxes 
are collected, and shall pay the amount so' collected 
to the district treasurer as is now provided by law. 
[L. '79, p. 169, Sec. 3; G. S. '83, p. 909, Sec. 3096; Mills 
Ann. St., Sec. 4068. 

Proviso — Submission to Electors. 

Sec. 102. Provided, however. That no bonds 
shall be issued under the provisions of this act until 
the question of refunding shall first have been sub- 
mitted to, and approved by, the qualified voters of 
the district, as is now, or may be, provided by law,-* 
except that the electors shall vote "For refunding," 
or "Against refunding," instead of "For the bonds," 
or "Against the bondsV' [L. '79, p. 170, Sec. 4; G. S. 
'83, p. 910, Sec. 3097 ; Mills Ann. St., Sec. 4069. 

PUBLIC CONTRACTS. 

An Act to prevent frauds in the letting of public contracts. 
Approved February 3, 1872. [L. '72, p. 163. 

Officer Not Interested in Contract. 

Section 1. Whenever any officer of this state or 
of any county, city, town or school district therein, 
shall be charged with the duty of making any con- 
tract for or on behalf of this State, or of any county, 
city, town or school district therein, whereby this 
state, or any county, city, town or school district there- 
in shall be obliged to pay any sum of money to any 



78 SCHOOL LAWS OF THE STATE OP COLORADO. 

person wliomsoever, and whenever any such officer, 
as a member of any board of auditors, commissioners 
or directors, or otherwise, shall have any vote or voice 
in awarding any such contract, it shall not be lawful 
for any such officer to become in any manner bound 
for the fulfillment of such contract, or to take or re- 
ceive any part or portion of the money specified in 
such contract, or to be in any way, manner or degree 
interested in such contract, excepting in his official 
representative capacity. [L. '72, p. 163, Sec. 1; G. L. 
'77, p. 703, Sec. 2080; G. S. '83, p. 769, Sec. 2606; Mills 
Ann. St., Sec. 3533. 

Penalty. 

Sec. 2. Whosoever shall offend against the pro- 
visions of this act shall be imprisoned not exceeding 
six months, and fined not exceeding |2,000, and shall 
be removed from office. [L. '72, p. 163, Sec. 2 ; G. L. 
'77, p. 703, Sec. 2081; G. S. '83, p. 769, Sec. 2607; Mills 
Ann. St., Sec. 3534. 

An act to prohibit county, city, town or school district officers 
from dealing directly or indirectly in county, city, town or school 
district warrants and other evidences of county, city, town or 
school district indebtedness. Approved and in force April 10th, 
1903. [L. '03, p. 201. 

Section 1. It shall be unlawful for any county, 
city, town or school district officer in this State to buy, 
purchase, trade in or acquire, either directly or indi- 
rectly, any county, city, town or school district war- 
rants or any other evidences of county, city, town or 
school district indebtedness of the county of which he 
is such officer at the time. Any violation of the pro- 
visioiis of this act shall be adjudged a misdemeanor 
and punished in the discretion of the court by a fine 
and not exceeding five hundred dollars (|500), or im- 
prisonment in the county jail for a period of not more 
than thirty (30) days. [L. '03, p. 201, Sec. 1. 



SCHOOL LAWS OF THE STATE OF COLORADO. 79 

ALCOHOLIC DRINKS AND NARCOTICS. 

An Act to provide for the study of the natur,e of alcoholic 
drinks and narcotics and their effects upon the human system, 
in connection with the several divisions of the subject of physiol- 
ogy and hygiene by the pupils in the public schools of the state. 
Approved April 4, 1887. In force July 4, 1887. [L. '87, p. 378. 

Nature and Effects of Alcoholic Drinks and Narcotics Be Taught. 

Section 1. That the nature of alcoholic drinks 
and narcotics and special instructions as to their 
effects upon the human system, in connection with 
the several divisions of the subject of physiology and 
hygiene, shall be included in the branches of study 
taught in the public schools of the State, and shall 
be studied and taught as thoroughly and in the same 
manner as other like required branches are in said 
schools, by the use of text books, designated by the 
board of directors of the respective school districts, 
in the hands of pupils where other branches are thus 
studied in said schools, and by all pupils in all said 
schools throughout the State. [L. '87, p. 378, Sec. 1; 
Mills Ann. St., Sec. 4046. 

Failure to Enforce Provisions of Act — Penalty. 

Sec. 2. That it shall be the duty of the proper 
officers in control of any school, described in the fore- 
going section to enforce the provisions of this act; 
and any such officer, school director, committee, su- 
perintendent or teacher, who shall refuse, fail or neg- 
lect to comply with the requirements of this act, or 
shall neglect, refuse or fail or [to] make proper pro- 
visions for the instruction required, and in the man- 
ner specified by the first section of this act, for all 
pupils in each and every school under his or her^juris- 
diction shall be removed from office, and the vacancy 
filled as in other cases. [L. '87, p. 379, Sec. 2 ; Mills 
Ann. St., Sec. 4047. 

1. Vacancies. Sec. 47. 



80 SCHOOL LAWS OP THE STATE OF COLORADO. 

ARBOR DAY. 

An Act to establish Arbor Day. Approved March 22, 1889. 
In force June 22, 1889. [L. '89, p. 21. 

Arbor Day — Third Friday in April — How to Be Observed. 

Section 1. The tliird Friday in April of each 
year shall be set apart and known as "Arbor Day," 
to be observed by the people of this State in the plant- 
ing of forest trees for the benefit and adornment of 
public and private grounds, places and ways, and in 
such other efforts and undertakings as shall be in 
harmony with the general character of the day so 
established; Provided, That the actual planting of 
trees may be done on the daj designated or at such 
other most couA^enient time as may best conform to 
logical climatic conditions, such other time to be des- 
ignated and due notice thereof given by the several 
county superintendents of schools for their respective 
counties. [L. '89, p. 21, Sec. 1 ; Mills Ann. St., Sec. 
2129. 

Holiday in Schools — How Observed. 

Sec. 2. The day, as above designated, shall be a 
holiday in all public schools of the State, and school 
officers and teachers are required to have the schools 
under their respective charge observe the day by 
planting of trees or other appropriate exercises. [L. 
'89, p. 21, Sec. 2 ; Mills Ann. St., Sec. 2130. 

Governor Issue Proclamation — Superintendent of Public Instruc- 
tion — County Superintendents — Report. 

Sec. 3. Annually, at the proper season, the Gov- 
ernor shall issue a proclamation, calling the attention 
of the people to the provisions of this act and recom- 
mending and enjoining its due observance. The Su- 
perintendent of Public Instruction and the respective 
county superintendents of schools, shall also promote, 
by all proper means, the observance of the day, and 
the said county superintendents of schools shall make 
annual reports to the State Forest Commissioner of 



SCHOOL LAWS OF THE STATE OF COLORADO. 81 

the action taken in this behalf in their respective 
counties. [L. '89, p. 21, Sec. 3; Mills Ann. St., Sec. 
2131. 

COMPULSORY EDUCATION. 

An Act to secure to children the benefit of elementary edu- 
cation. Approved April 18, 1889. In force July 17, 1889. [L. '89, 
p. 59. 

Unlawful to Employ Children Under Fourteen During School — 
Fines. 

Section 1. That it shall be unlawful for any per- 
son, persons or corporation to employ any child under 
the age of fourteen years to labor in any business 
whatever during the school hours of any school day, 
of the school term of the public school, in the school 
district where such child is, unless such child shall 
have attended some public or private day school 
where instruction was given by a teacher qualified 
to instruct in those branches required to be taught 
in the public school of the state of Colorado, or shall 
have been regularly instructed at home in such 
branches by some person qualified to instruct in the 
same, at least twelve weeks in each year, eight weeks 
at least of which shall be consecutive, and shall, at the 
time of such employment, deliver to the employer a 
certificate in writing, signed by the teacher, certify- 
ing to such attendance or instruction ; and any person, 
persons or corporation who shall employ any child 
contrary to the provisions of this section shall, upon 
conviction, be deemed guilty of a misdemeanor and 
fined in a sum not less than twenty- five (25) dollars 
nor more than fifty (50) dollars; and all fines so col- 
lected shall be paid into the county treasury, and 
placed to the credit of the school district in which the 
offense occurs. [L. '89, p. 59, Sec. 1; Mills Ann. St., 
Sec. 417. 

Children Must Be Sent to School — Exception — Clothing. 

Sec. 2. Every parent or guardian, or other per- 
son in the State of Colorado, having control of any 



82 SCHOOL LAWS OF THE STATE OF COLORADO. 

child or children between the ages of eight (8) and 
fourteen (14) shall be required to send such child or 
children to a public school, or private school taught 
by a competent instructor, for a period of at least 
twelve (12) weeks in each year, at least eight (8) 
weeks of which time shall be consecutive, unless such 
child or children are excused from such attendance 
by the board of the school district in which such 
parent, guardian or person having control resides, 
upon its being shown to their satisfaction that such 
child's bodily or mental condition has been such as 
to prevent attendance at school, or application to 
study for the period required ; Provided, That if such 
parent or guardian is not able, by reason of poverty, 
to properly clothe any such child, it shall be the duty 
of the school board of the proper district, upon the 
fact being shown to their satisfaction, to furnish the 
necessary clothing and pay for the same out of the 
school fund of such district, by warrant drawn as in 
other cases, or that such child or children are taught 
at home in such branches as are usually taught in 
the public schools, subject to the same examination 
as other pupils of the district in which the child re- 
sides; or that there is no school taught within two 
miles by the nearest traveled road. [L. '89, p. 60, Sec. 
2; Mills Ann. St., Sec. 418. 

Failure to Comply with Act — Misdemeanor — Penalty. 

Sec. 3. Any parent, guardian or other person 
failing to comply with the provisions of section 2 of 
this act shall, upon conviction, be deemed guilty of 
a misdemeanor and fined in a sum not less than five 
nor more than twenty- five dollars for each offense; 
and all fines so collected shall be paid into the county 
treasury and placed to the credit of the school dis- 
trict in which the offense occurs. [L. '89, p. 60, Sec. 
3 ; Mills Ann. St., Sec. 419. 



SCHOOL LAWS OF THE STATE OF COLORADO. 83 

School Director Prosecute — Failure — Penalty. 

Sec. 4, It shall be the duty of any school director 
of the district to inquire into all cases of neglect 
of the duty prescribed in this act, and ascertain from 
the person neglecting the reason, if any, therefor; 
and he shall forthwith proceed to secure the prose- 
cution of any offense occurring under this act; and 
any director neglecting to secure such prosecution 
for such offense, within ten days after a written no- 
tice has been served on him by any taxpayer in 
said district, unless the person so complained of shall 
be excused by the district board of education for the 
reasons hereinbefore stated, shall, upon conviction, 
be deemed guilty of a misdemeanor and fined in a 
sum not less than ten nor more than fifty dollars; 
and such fines when collected, shall be paid into the 
county treasury and placed to the credit of the school 
district in which the offense occurs. All actions for 
offenses committed under this act shall be prosecuted 
for in the name of The State of Colorado. [L. '89, p. 
61, Sec. 4; Mills Ann. St., Sec. 420. 

Malicious Prosecution. 

Sec. 5. That upon the trial of any offense as 
charged herein, before any court of competent juris- 
diction, if it shall be determined that such prosecu- 
tion was malicious, then the costs in such case shall 
be adjudged against the complainant and collected 
as fines in other cases. [L. '89, p. 61, Sec. 5; Mills 
Ann. St., Sec. 421. 

Attendance at Night School — Equivalent. 

Sec. 6. Two weeks' attendance at half time or 
night school, shall be considered within the meaning 
of the article equivalent to an attendance of one 
week at a day school. [L. '89, p. 61, Sec. 6 ; Mills Ann. 
St., Sec. 422^ 

An Act to compel the elementary education of children in 
school districts of the first and second class. Approved April 12, 
1899. In force July 12, 1899. [L. '99, p. 396. Amended L. '03, p. 
418. 



S4 SCHOOL LAWS OF THE STATE OF COLORADO. 

Children Sent to School — Exception — Appeal. 

Section 1. That in all school districts of this 
state, all parents, guardians and other persons having 
care of children shall instruct them, or cause them to 
be instructed, in reading, writing, spelling, English 
grammar, geography and arithmetic. In such dis- 
tricts, every parent, guardian or other person having 
charge of any child between the ages of eight (8) and 
sixteen (16) years, shall send such child to a public, 
private or parochial school for the entire school year 
during which the public schools are in session in such 
district; Provided, howover. That this act shall not 
apply to children over fourteen (14) years of age 
where such child shall have completed the eighth 
grade, or may be eligible to enter any high school in 
such district, or where its help is necessary for its own 
or its parent's support, or where for good cause shown 
it would be for the best interests of such child to be re- 
lieved from the provisions of this act; Provided, fur- 
ther. That if such child is being sufiflciently instructed 
at home by a person qualified, such child shall not be 
subject to the provisions of this act; and Provided, 
further. That if a reputable physician within the dis- 
trict shall certify in writing that the child's bodily or 
mental condition does not permit its attendance at 
school, such child shall be exempt during such period 
of disability from the requirements of this act. It 
shall be the duty of the superintendent of the school 
district, if there be such superintendent, and, if not, 
then the county superintendent of schools, to hear and 
determine all . applications of children desiring for 
any of the causes mentioned herein to be • ex- 
empted from the provisions of this act, and if upon 
such application such superintendent hearing the same 
shall be of the opinion that such child is for any reason 
entitled to be exempted as aforesaid, then such super- 
intendent shall issue a written permit to such child, 
stating therein his reasons for such exemption. An 
appeal may be taken from the decision of such super- 



SCHOOL LAWS OF THE STATE OF COLORADO. 85 

iiitendent so passing upon such application to the 
county court of the county in which such district lies, , 
upon such child making such application and filing the 
same with the clerk or judge of said court within ten 
days after its refusal by such superintendent, for 
which no fee to exceed the sum of one dollar shall be 
charged, and the decision of the county court shall be 
final. An application for release from the provisions- 
of this act shall not be renewed oftener than once in 
three months. [L. '99, p. 340, Sec. 1, as amended by 
L. '03, p. 418, Sec. 1. 

Children Under 14 Years Not Employed — Penalty for Employing. 

Sec. 2. No child under the age of 14 years shall 
be employed by any person, persons, company or cor- 
porations during the school term and while the pub- 
lic schools are in session, unless the parent, guardian 
or person in charge of such child shall have fully com- 
plied with section one of this act. Every such em- 
ployer shall require proof of such compliance, and 
shall make and keep a written record of the proof 
given, which shall be subject to the inspection of the 
truant oflficer, superintendent of schools, or any 
school director of the district. Any employer employ- 
ing any child contrary to the provisions of this sec- 
tion, shall be fined not less than twenty-five nor more 
than one hundred dollars. [L. '99, p. 341, Sec. 2. 

Minors Between 14 and 16 Must Read and Write — Duty of Em- 
ployer — Penalty. 

Sec. 3. All minors over the age of 14 years and 
under the age of 16 years who can read and write 
the English language, shall attend school at least one- 
half day of each day, or attend a public night school, 
or take regular private instruction from some person 
qualified, in the opinion of the county superintendent 
of schools, in which such district or the greater por- 
tion of the same lies, until such minor obtains a cer- 
tificate from such superintendent that he or she can 
read at sight and write legibly, simple sentences in 



86 SCHOOL LAWS OP THE STATE OP COLORADO. 

English. Every employer employing or having in 
employment any such minor shall exact as a condi- 
tion of employment the school attendance or instruc- 
tion required by this section, and shall on request of 
the truant officer, furnish the evidence that such 
minor is complying with the requirements of this sec- 
tion. Every employer failing to comply with the re- 
quirements of this section as to any minor employed 
by him or in his employ, shall be fined not less than 
twenty-five dollars, and not more than one hundred 
dollars; Provided, That any employer with the ap- 
proval or consent of the county superintendent of 
schools may make provision for the private instruc- 
tion of minors in his employ. [L. '99, p. 341, Sec. 3. 

Truant — Who Is — Juvenile Disorderly Person. 

Sec. 4. Every child within the provisions of this 
act who does not attend school, as provided in section 
one of this act, or who is in attendance at any public, 
private or parochial school, and is vicious, incorrigible 
or immoral in conduct, or who is an habitual truant 
from school, or who habitually wanders about the 
streets and public places during school hours without 
any l^jwful occupation or employment, or who habit- 
ually wanders about the streets in the night time, hav- 
ing no employment or lawful occupation, shall be 
deemed a juvenile disorderly person, and be subject to 
the provisions of this act. [L. '99, p. 342, Sec. 4, as 
amended by L. '03, p. 419, Sec. 2. 

Truant Officer — Powers — Duties — Record. 

Sec. 5. To aid in the enforcement of this act, the 
board of school directors in districts of the first and 
second class shall have power, ant [and] it shall be 
their duty, to appoint one or more truant officers 
whose compensation shall be fixed by the board ap- 
pointing him. The truant officer shall be vested with 
police powers, and shall have authority to enter work- 
shops, factories, stores and all other places where 
children may be employed, in the way of investigation 



SCHOOL LAWS OF THE STATE OF COLORADO. 87 

or otherwise, to enforce this act. The truant officer 
shall institute proceedings against any officer, parent, 
guardian, person or corporation who shall violate any 
of the provisions of this act, and shall otherwise dis- 
charge the provisions of this act and perform such 
other services as the county superintendent of schools 
or the board of directors of the school district may 
deem necessary to preserve the morals and secure the 
good conduct of school children, and to enforce this 
act. The truant officer shall keep a record of his 
transactions for the inspection of the county superin- 
tendent of schools and of the directors of the school 
district, and suitable blanks shall be provided for his 
use b}^ the secretary of the school district. [L. '99, p. 
342, Sec. 5. 

Truant Officer — Duties — Conviction of Parent — Penalty — Bond — 
Defense. 

Sec. 6. The truant officer shall examine into any 
case of truancy within his district, and shall warn 
the parent, guardian, or others in charge of the child 
of the final consequences of truanc^^ if persisted in. 
When any child between the ages of eight and four- 
teen years, or any child between the ages of fourteen 
or sixteen years, who can not read and write- the Eng- 
lish language, or is not engaged in some regular em- 
ployment, or any child between the age of fourteen 
years and sixteen years who has been discharged from 
employment to obtain instruction or schooling, is not 
attending school without lawful excuse and in viola- 
tion of the provisions of this act, the truant officer 
shall notify the parent, guardian, or other person in 
charge, of the fact, and require such person to cause 
the child to attend some recognized school within five 
days from the date of the notice, and it shall be the 
duty of such person so to cause its attendance at 
some recognized school. Upon failure to do so, the 
truant officer shall make complaint in the county 
court of the county in which such child lives, against 
the parent, guardian or other person having such 



88 SCHOOL LAWS OF THE STATE OF COLORADO. 

child in charge, and upon conviction, the parent, 
guardian or other person in charge, shall be fined not 
less than five dollars nor more than twenty dollars, 
or the court may, in its discretion, require the per- 
son so convicted to give a bond in the penal sum of 
|100, with sureties to the approval of the judge of 
ySuch court, conditioned that he or she will cause the 
child under his or her care to attend some recognized 
school within five days thereafter, and to remain at 
school during the term prescribed at law. And upon 
the failure or refusal of the parent, guardian or other 
person to pay such fine or furnish such bond accord- 
ing to the order of the court, the said parent, guar- 
dian or other person shall be imprisoned in the county 
-jail not less than ten days nor more than thirty days. 
For violation of the bond, suit may be brought in any 
court of competent jurisdiction, in the name of the 
school district, and the amount recovered shall go to 
the school fund of the district. If the parent, guar- 
dian or other person shall prove his inability to cause 
the child to attend a recognized school, it shall be a 
defense, but the child shall be deemed a juvenile dis- 
orderly person within the meaning of section 4 of this 
act. [L. '99, p. 343, Sec. 6. 

Juvenile Disorderly Person — Commitment — Term — Expense. 

Sec. 7. Whenever a child shall be a juvenile dis- 
orderly person within the meaning of this act, the 
truant officer, or any school teacher, or other rep- 
utable person, may make complaint in the county 
court of the county in which such child resides. The 
county court shall hear and determine such com- 
plaint, and if it is determined that such child is a 
juvenile disorderly person within the meaning of this 
act, he or she shall be committed to a children's home, 
if eligible, or to the Boy's Industrial School or to the 
Girl's Industrial Sehool, or to some other training 
school, taking into account the years of the child with 
reference to the institution selected. Any child com- 



SCHOOL LAWS OP THE STATE OF COLORADO. 89 

mitted to a children's home, on its being shown to the 
judge of said court that it is incorrigible and vicious, 
may be transferred to the Industrial school or other 
proper institution. No child committed to any re- 
formatory shall be detained beyond its majority, and 
may be discharged sooner or paroled by the trustees 
or board of control under rules and restrictions appli- 
cable to other inmates. Any order of commitment 
may be suspended by the judge of the county court 
during such time as the child may regularly attend 
school and properly conduct itself. The expense of 
the transportation of the child to the juvenile reforma- 
tory, and of the costs of the case in which the order of 
commitment is made, shall be paid by the county from 
which the child is committed. [L. '99, p. 344, Sec. 7,^ 
amended L. '03, p. 420, Sec. 3. 

Child Unable to Attend School — Relief. 

Sec. 8. When any truant officer is satisfied that 
any child within the requirements of this act is un- 
able to attend school because required to work at 
home or elsewhere in order to support itself or help 
or support others legally entitled to its services, the 
truant oflflcer shall report the case to the authorities 
charged with the relief of the poor, who shall there- 
upon afford such relief as will enable the child to at- 
tend school; Provided, That such child shall not be 
required to attend more than three hours a day dur- 
ing school days. In case the child or its parents or 
guardians neglect or refuse to take advantage of such 
provision made for its instruction, such child may be 
committed to a children's home or juvenile reforma- 
tory, as hereinbefore provided. [L. '99, p. 344, Sec. 8. 

Violation — Penalty. 

Sec. 9. Any person who violates any provision 
of this act for which a penalty is not herein provided, 
shall be fined not more than fifty dollars. [L. '99, p. 
345, Sec. 9. 



90 SCHOOL LAWS OP THE STATE OF COLORADO. 

Second Conviction — Penalty — Trial by Jury. 

Sec. 10. Every person who, after having been 
convicted once of violating any of the provisions of 
this act shall be convicted a second time of a similar 
offense, may, in addition to the punishment by way of 
fine elsewhere provided for, be imprisoned not less 
than 10 days nor more than 30 days ; Provided, That 
in all cases arising under this act in which a fine or 
imprisonment may be a part of the judgment, trial 
• shall be by a jury if not waived. [L. '99, p. 345, Sec. 
10. 

Not Apply to Districts Without Accommodations. 

Sec. 11. This shall not apply to school districts 
in which there are not sufficient accommodations in 
the public schools to seat children compelled to attend 
under the provisions of this act. [L. '99, p. 345, Sec. 11. 

PARENTAL OR TRUANT SCHOOLS. 

An Act to enable boards of education or boards of trustees 
to establish, and maintain parental or ti^uant schools in cities of 
one hundred thousand (100,000) inhabitants or more, and to pro- 
vide for establishing and maintaining such schools in cities hav- 
ing a population of not less than twenty-five thousand (25,000) or 
more than one hundred thousand (100,000). Approved April 30, 
1901. 

Truant Schools to Be Established — In What Cities. 

Section 1. That in cities having a population 
of 100,000 inhabitants or more, there shall be estab- 
lished, maintained and conducted within two years 
from the date of taking effect of this act, one or more 
parental or truant schools for the purpose of afford- 
ing a place of confinement, discipline, instruction and 
maintenance of children of compulsory school age who 
may be committed thereto in the manner hereinafter 
provided. [L. '01, p. 364, Sec. 1. 

Sites — Location — Furniture — Fixtures — No Increase of Tax. 

Sec. 2. For the purpose of establishing such 
school or schools, sites may be purchased and build- 



SCHOOL LAWS OF THE STATE OF COLORADO. 91 

ings constructed or premises rented in the same man- 
ner as is provided for in the case of public schools in 
such cities; but no such school shall be located at or 
near any penal institlition. 

And it shall be the duty of the board of education 
to furnish such schools with such furniture, fixtures, 
apparatus and provisions as may be necessary for the 
maintenance and operation thereof; Provided, That 
nothing in this act shall be construed to permit an 
increase of the levy for school purposes beyond the 
limit fixed by law. [L. '01, p. 365, Sec. 2. 

Officers — Course of Instruction. 

Sec. 3. The board of education may also em- 
ploy a superintendent and all other necessary officers, 
agents and teachers; and shall prescribe the methods 
of discipline and the course of instruction ; and shall 
exercise the same powers and perform the same duties 
as is prescribed by law for the management of other 
schools. [L. '01, p. 365, Sec. 3. 

No Religious Instruction in School — Religious Training. 

Sec. 4. No religious instruction shall be given 
in such school, except such as is allowed by law to be 
given in public schools; but the board of education 
shall make suitable regulation so that the inmates may 
receive religious training in accordance with the be- 
lief of the parents of such children, either by allow- 
ing religious services to be held in the institution or 
by arranging for attendance at public service else- 
where. [L. '01, p. 365, Sec. 4. 

Habitual Truant — Petition to County Court. 

Sec. 5. It shall be the duty of any truant officer 
or agent of such board of education to petition, and 
any reputable citizen of the city may petition the 
county court of the county to inquire into the case of 
any child of compulsory school age who is not attend- 
ing school, or who has been guilty of habitual truancy, 
or of persistent violation of the rules of the public 



92 SCHOOL LAWS OP THE STATE OF COLORADO. 

schools, and the petition shall also state the names, if 
known, of the father and mother of such child, or 
the survivor of them; and if neither father nor mother 
of such child is living-, or can not be found in the 
county, or if their names can not be ascertained, then 
the name of the guardian, if there be one known, and 
if there be a parent living whose name can be ascer- 
tained, or a guardian, the petition shall show whether 
or not the father or mother or guardian consents to 
the commitment of such child to such parental or tru- 
ant school. Such petition shall be verified by oath 
upon the belief of the petitioner, and upon being filed, 
the judge of the County Court shall have such child 
named in the petition brought before him for the pur- 
pose of determining the application in said petition 
contained. But no child shall be committed to such 
school who has ever been convicted of any offense pun- 
ishable by confinement in any penal instiution. [L. '01, 
p. 365, Sec. 5. 

Hearing — Commitment — Notice to Parent, 

Sec, 6. Upon the filing of such petition the clerk 
of the court shall issue a writ to the truancy officer 
of the district, directing him to bring such child before 
the Court; if the court shall find the material facts 
set forth in the petition are true, and if in the opin- 
ion of the court such child is a fit person to be com- 
mitted to such parental or truant school, to be kept 
there until he or she arrives at the age of fourteen 
years, unless sooner discharged in the manner here- 
inafter set forth, subject to the right of appeal as in 
cases of misdemeanor in the county courts. Before 
the hearing aforesaid, notice in writing shall be given 
to the parent or guardian of such child, if known, of 
the proceedings about to be instituted, that he or she 
may appear and resist the same, if they so desire. [L. 
'01, p. 366, Sec, 6. 



SCHOOL LAWS OF THE STATE OF COLORADO. 93 

Expense of Maintenance. 

Sec. 7. It shall be the duty of the parent or 
guardian of any child committed to this school to pay 
the actual cost of board of such child and provide 
suitable clothing upon his or her entry into such 
school, and from time to time thereafter as it may 
be needed, upon notice in writing from the superin- 
tendent or other proper officer of the school. In case 
any parent or guardian shall refuse or neglect to fur- 
nish such clothing or pay for such board, the same 
may be provided by the board of education, and such 
board may have an action against such parent or 
guardian of said child to recover the cost of such cloth- 
ing and board, with 10 per cent, additional thereto. 
[L. '01, p. 366, Sec. 7. 

Parole. 

Sec. 8. The board of education of such city 
shall have power to establish rules and regulations 
under which children committed to such parental or 
truant school may be allowed to return home upon 
parole, but to remain while upon parole in the legal 
custody and under control of the officer and agents 
of such school and subject at any time to be- taken 
back within the enclosure of such school by the super- 
intendent or any authorized officer of said school, ex- 
cept as hereinafter provided; and full power to en- 
force such rules and regulations to retake any such 
child so upon parole is hereby conferred upon said 
board of education. No child shall be released upon 
parole in less than four weeks from the time of his 
or her commitment, nor thereafter until the superin- 
tendent of such parental or truant school shall have 
become satisfied from the conduct of such child that, 
if paroled, he or she will attend regularly the public 
or private school to which he or she may be sent by 
his or her parents or guardians, and shall so certify 
to thelDoard of education. [L. '01, p. 367, Sec. 8, 



94 SCHOOL LAWS OF THE STATE OF COLORADO. 

Discharge. 

Sec. 9. It shall be the duty of the principal or 
other person having charge of the school to which such 
child so released on parole may be sent, to report at 
least once each month to the superintendent of the 
parental or truant school, stating whether or not such 
child attends school regularly, and obeys the rules 
and regulations of such school; and if such child so 
released upon parole shall be regular in his or her 
attendance at school, and his or her conduct as pupil 
shall be satisfactory for a period of one year from date 
on which he or she was released upon parole, he or she 
shall then be finally discharged from the parental or 
truant school, and shall not be recommitted thereto, 
except upon petition as hereinbefore provided. [L. 
'01, p. 367, Sec. 9. 

Violation of Conditions of Parole. 

Sec. 10. In case any child released from school 
upon parole, as hereinbefore provided, shall violate 
the conditions of his or her parole at any time within 
one year thereafter, he or she shall, upon the order 
of the county court, as hereinbefore provided, be taken 
back to such parental or truant school, and shall not 
be again released upon parole within the period of 
three months from the date of such re-entering; and 
if he or she shall violate the conditions of a second 
parole, he or she shall be recommitted to such parental 
or truant school, and shall not be released therefrom 
on parole, until he or she shall remain in such school 
at least one year. [L. '01, p. 368, Sec. 10. 

incorrigible, to Be Committed to Reformatory. 

Sec. 11. In any case where a child is incorrigi- 
ble and his or her influence in such school shall be 
detrimental to the interests of the other pupils, the 
board of education may authorize the superintendent 
or any officer of the school to represent these facts to 
the county court by petition; and the court shall have 
power to commit said child to some juvenile reforma- 
tory. [L. '01, p. 368, Sec. 11. 



SCHOOL LAWS OF THE STATE OF COLORADO. 95 

May Be Established in Cities of Less Than 100,000— Vote of 
People. 

Sec. 12. The board of education in cities having 
a population of over 25,000, and less than 100,000, 
may establish, maintain and operate a parental or 
truant school for the purpose hereinbefore specified, 
and in case of the establishment of such a school, the 
boards of education shall have like power in their re- 
spective cities as hereinbefore expressed; Provided, 
That no board of trustees or board of education under 
this section shall put this law into effect until sub- 
mitted to a vote of the people and adopted by a ma- 
jority vote at some general election, in which case 
school districts in the same municipality may unite 
in the establishment and maintenance of one such 
truancy school. [L. '01, p. 368, Sec. 12. 

STATE NORMAL SCHOOL. 

An Act to establish, govern and maintain a state normal 
school. Approved April 1, 1889. In force July 1, 1889. [L. '89, 
p. 409. 

Establishment of State Normal School. 

Section 1. A State Normal School is hereby es- 
tablished at or near the city of Greeley, in the county 
of Weld and State of Colorado, the purpose of which 
shall be instruction in the science and art of teach- 
ing, with the aid of a suitable practice department, 
and in such branches of knowledge as shall qualify 
teachers for their profession ; Provided, That a dona- 
tion shall be made for a site for said State Normal 
School, consisting of forty acres of land with a build- 
ing erected thereon, according to plans and specifica- 
tions furnished by the State Board of Education, 
and to cost not less than twenty-five thousand dollars, 
ten thousand dollars of Avhich shall be paid by the 
State, as hereinafter provided. [L. '89, p. 409, Sec. 1 ; 
Mills Ann. St., Sec. 4118. 



96 SCHOOL LAWS OF THE STATE OF COLORADO. 

Trustees — Corporate Powers — Seal — Make By-Laws. 

Sec. 2. Said scliool shall be under the control 
of a board of six trustees ; the said board shall be and 
is hereby declared a body corporate by the name and 
style of "The Trustees of the State Normal School," 
and as such and by its said name may hold property 
for the use of said school, be party to all suits and 
contracts, and do all things thereto lawfully apper- 
taining in like manner as municipal corporations of 
this state. The said trustees and their successors in 
office shall have perpetual succesion, shall have a 
common seal, and may make by-laws and regulations 
for the well ordering and government of the said cor- 
poration and its business not repugnant to the consti- 
tution and laws of the State. [L. '89, p. 410, Sec. 2 ; 
Mills Ann. St., Sec. 4119. 

Governor Appoint Trustees — Term of Office — Oath — Superinten- 
dent of Public instruction Member. 

Sec. 3. The Governor shall, upon the approval 
of this act, appoint by the advice and with the con- 
sent of the senate, the six trustees mentioned and pro- 
vided in this act, two of whom shall be appointed for 
the term of two years, two for the term of four years 
and two for the term of six years. Their terms of 
office shall begin from their appointment and qualifi- 
cation, and shall continue for the period for which 
they shall be so appointed and until their successors 
are appointed and qualified. Every two years after 
the first appointment aforesaid, two trustees shall be 
appointed in like manner to succeed those whose 
terms are first thereafter to expire. Every trustee so 
appointed shall take and subscribe the oath of office 
prescribed by the constitution of this State before 
entering upon the duties of his office, which oath shall 
be placed and kept on file in the office of the Secretary 
of State. The Superintendent of Public Instruction 
shall be, ex officio, a member of the board of trustees 
of the said State Normal School. [L. '89, p. 410, Sec. 
3 ; Mills Ann. St., Sec. 4120. 



SCHOOL LAWS OF THE STATE OF COLORADO. 97 

Part of Public School System — Apportionment of Funds — Super- 
visory Powers Over. 

Sec. 4. Said normal school is hereby constituted 
an integral part of the public school system of this 
State, and shall stand upon the same basis as to ap- 
portionment of State school funds as union high 
schools, and shall be subject as such to the general 
supervisory powers vested by the constitution in the 
State Board of Education. [L. '89, p. 410, Sec. 4; 
' Mills Ann. St., Sec. 4121. 

Powers of Trustees. 

Sec. 5. Subject to the constitutional powers of 
the State Board of Education, the Trustees of the 
State Normal School shall have the general super- 
vision of the State Normal School, and the control 
and direction of its funds and the appropriations 
therefor. They shall have power to appoint a faculty, 
consisting of a principal and assistant principal, and 
such other professors as may be required therein ; they 
may also appoint such assistant teachers as are found 
necessary. They shall also have power to remove said 
principal or assistant principal, or any professor, 
teacher or employe in or about said school, and to ap- 
point or employ another or others instead ; to fix the 
salaries of each, and to prescribe their several duties. 
They shall, with the advice and consent of the faculty, 
prescribe the various books to be used in said school, 
the courses of study and instruction, which in no case 
shall cover a period of less than three years, and shall 
make all the needful rules, regulations and by-laws 
for the good government and management of the same. 
[L. '89, p. 411, Sec. 5; Mills Ann. St., Sec. 4122. 

Provide Grounds, Buildings, Apparatus. 

Sec. 6. Said board of trustees shall also have 
power, and it shall be their duty from time to time, 
as means shall be provided and placed at their dis- 
posal, to provide suitable grounds and buildings, 
either by donation, purchase or lease, for the use of 



98 SCHOOL LAWS OF THE STATE OF COLORADO. 

said school, and, in their discretion, shall also pro- 
vide all proper and needful apparatus, books, articles 
and things for teaching and illustrating the branches 
of study authorized in said school. [L. '89, p. 411, 
Sec. 6 ; Mills Ann. St., Sec. 4123. 

Qualifications for Admission — Examination — Declaration. 

Sec. 7. The said board of trustees shall prescribe 
the qualifications for admission of students to said 
normal school. Every applicant for admission shall 
undergo an examination by the faculty of said school, 
and if it shall appear that such applicant is not a per- 
son of good moral character, or fails to pass such ex- 
amination, such applicant shall be rejected. Each 
applicant, except as hereafter provided, shall, prior to 
his or her admission, also sign and file with the board 
of trustees a declaration to engage in the business of 
teaching in the public schools of this State. [L. '89, 
p. 411, Sec. 7 ; Mills Ann. St., Sec. 4124. 

Open to Residents of State — Other Persons — Fees. 

Sec. 8. The State Normal School shall be opeji, 
subject to its regulations, to all persons resident in 
this state, sixteen years of age and upward, without 
charge for tuition; and to other persons under such 
regulations as the board of trustees may prescribe, 
upon payment of a rate of tuition to be fixed by said 
board, and without the aforesaid declaration of in- 
tention to teach in the public schools of this State; 
said board of trustees shall also fix the fees for ad- 
mission of pupils to the practice department of said 
normal school. [L. '89, p. 412, Sec. 8 ; Mills Ann. St., 
Sec. 4125. 

Officers of Boards — Duties — Bond. 

Sec. 9. The board of trustees shall elect from 
among their number, at the first and every succeeding 
annual meeting of said board, a president, who 
shall preside at all meetings and perform such duties 
as are incumbent upon such office. The board shall 



SCHOOL LAWS OF THE STATE OF COLORADO. 99 

also elect a secretary, who shall not be a member 
of the board, and who shall hold office for the term 
of one year, and until his successor shall be elected 
and qualified. The said secretary shall give bond in 
a sum to be fixed by the Superintendent of Public 
Instruction, for the faithful handling and true ac- 
counting and delivery of all moneys and property of 
said school coming to his hands or control, which bond 
shall be filed with the Secretary of State, after ap- 
proval of the sureties thereon by the said board of 
trustees. No secretary elected as aforesaid shall re- 
ceive into his possession or control any money or 
property of said normal school until after he shall 
have executed his bond and the same shall have been 
approved and filed as aforesaid. The State Treasurer 
shall be, ex officio, treasurer of the State Normal 
School. [L. '89, p. 412, Sec. 9 ; Mills Ann. St., Sec. 
4126. 

Diplomas — Examination — Graduation. 

Sec. 10. The State Normal School is authorized 
to grant diplomas to such students as shall have com- 
pleted the full course of instruction in said normal 
school, shall have been recommended by the faculty, 
and shall have passed a final examination upon the 
branches embraced in the prescribed course of study ; 
such examination to be conducted by the examining 
board, consisting of the State Superintendent of Pub- 
lic Instruction, a county superintendent of schools 
within the State, appointed for the purpose by the 
Governor, and the principal of said school. Such di- 
ploma, when signed by the members of said examin- 
ing board and the president and secretary of the board 
of trustees, shall be evidence that the receiver thereof 
is a graduate of the state normal school, and entitled 
to all the honors and privileges of such graduates. 
[L. '89, p. 412, Sec. 10 ; Mills Ann. St., Sec. 4127. 



100 SCHOOL LAWS OP THE STATE OP COLORADO. 

Diploma License to Teach — License Annulled. 

Sec. 11. The said diploma shall license the re- 
ceiver thereof to tea«h in any of the public schools of 
this state when a certified copy thereof shall have 
been filed in the office of the county superintendent of 
schools in the county wherein such graduate is teach- 
ing or proposes to teach. Such license may be an- 
nulled by the State Superintendent of Public Instruc- 
tion, who shall give immediate notice thereof to the 
several county superintendents of the state, and such 
license may be suspended in any county by the super- 
intendent of schools for such county, pending the 
action of the Superintendent of Public Instruction. 
[L. '89, p. 413, Sec. 11 ; Mills Ann. St., Sec. 4128. 

No Fee for Diploma. 

Sec. 12. No fee shall be charged or received for 
any diploma or certificate authorized by this act. [L. 
'89, p. 413, Sec. 12; Mills Ann. St., Sec. 4129. 

Compensation of Trustees. 

Sec. 13. The trustees of said normal school shall 
be entitled to receive five dollars per day and their 
necessary traveling expenses, when actually employed 
in the performance of their duties as such trustees. 
[L. '89, p. 413, Sec. 13; Mills Ann. St., Sec. 4130. 

Board Receive and Hold Money and Property. 

Sec. 14. The board of trustees of the said nor- 
mat school shall have power to receive, demand and 
hold for the uses and purposes of said school such 
money, lands or other property as may be donated 
or devised for or thereto, and to apply the same, 
within the powers conferred by law, in such manner, 
as shall best subserve the interests and objects of 
said normal school. [L. '89, p. 413, Sec. 14 ; Mills Ann. 
St., Sec. 4131. 

Funds and Revenues Apportioned. 

Sec. 15. The funds and revenues for the estab- 
lishment and maintenance of said normal school, for 



SCHOOL LAWS OF THE STATE OF COLORADO. 101 

the payment of its officers, teachers and employes, aud 
for all purposes incident thereto or necessary for the 
proper founding, continuance and successful conduct 
thereof, shall be appropriated and apportioned in snch 
manner as the general assembly shall by law provide. 
[L. '89, p. 413, Sec. 15; Mills Ann. St., Sec. 4132. 

Report of Trustees — Contents — Verification. 

Sec. 16. The trustees of the State Normal School 
shall make and file with the State Board of Educa- 
tion, on or before the first day of August in each 
year, a report of the affairs and conduct of said nor- 
mal school during the year last preceding such re- 
port. Said annual report shall be made upon blanks 
prepared by the Superintendent of Public Instruc- 
tion, approved by the State Board of Education, and 
shall include the following, viz. : 

First — The number of students enrolled during 
the preceding year, their sex, age, residence and place 
of birth. 

Second— The attendance each day; the average 
attendance for each week and term, and during the 
year; the number of days the school was taught in 
the year. 

Third — The full curriculum of instruction in said 
school; the classification and departments thereof; 
the branches taught; time devoted to each; text books 
and apparatus in use ; number of books in the library ; 
requirements for admission and graduation, with 
dates and requirements for examinations. 

Fourth — The number of students in each depart- 
ment and class ; number of diplomas granted, and to 
whom; number, names and residence of graduates; 
number of susiDensions and expulsions, and cause of 
same. 

Fifth — The names and number of teachers in 
each class and department, length of time each has 
been employed, and salary paid to each, 



102 SCHOOL LAWS OP THE STATE OF COLORADO. 

Sixth — Names, individual employment and num- 
ber of all other employes in and about the school, with 
rate and amount of wages paid to each. 

Seventh — A full financial statement, classified 
and itemized, of the business department of the 
school and corporation, covering receipts and expen- 
ditures from and by all sources, and in such form 
as to show the average cost of the school per month 
for each pupil, and in gross for the year ; cash on hand 
or deficit at the beginning and end of year. 

Eighth — An estimate of necessary expenditures, 
ordinary and special, for the next ensuing year. 

Ninth — Such other particulars as the said board 
of education may require, necessary to a fair and 
complete showing and fair understanding of all the 
affairs of said normal school. 

Said report shall be signed by the president and 
secretary of the said board of trustees, and verified 
by the oath of one or more of their number. [L. '89, 
p. 414, Sec. 16; Mills Ann. St., Sec. 4133. 

COLORADO SCHOOL FOR DEAF AND BLIND. 

An Act to create an institute for the education of the mute 
and blind, provide for its support and management, etc. Ap- 
prpved March 15, 1877. 

Institute Located at Colorado Springs. 

Sec. 1. There shall be permanently maintained 
at the city of Colorado Springs, in the County of El 
Paso, an institution for the support and education of 
the mute and blind residing within the State of Colo- 
rado. [G. L. '77, p. 6,53, Sec. 1891; G. S. '83, p. 730, 
Sec. 2430 ; Mills Ann. St., Sec. 3249. 

Body Corporate — Name — Powers. 

Sec. 2. Such institute shall be a body corporate 
under the name of "Colorado School for the Deaf and 
the Blind," and may sue and be sued, may take and 
hold real estate by gift, devise or otherwise, for the 



SCHOOL LAWS OF THE STATE OP COLORADO. 103 

use and benefit of such school. [G. L. '77, p. 653, Sec. 
1892; G. S. '83, p. 731, Sec. 2431; Mills Ann. St., Sec. 
3250, as amended by L. '95, p. 223, Sec. 1 ; 3 Mills Ann. 
St., Sec. 3250. 

Admission of Pupils — Support — County Superintendents — Report. 

Sec. 3. Every blind, deaf or mute citizen of the 
State of Colorado, of sound mind, over six (6) and 
under twenty-one (21) years of age, shall be entitled 
to receive an education in said institute at the ex- 
pense of the state. All api>licants above the age of 
twenty-one (21) years may be admitted at the option 
of the board. Each county superintendent of com- 
mon schools shall report on the first day of June in 
each year to the superintendent of the School for the 
Education of the Deaf and Blind, the name, age, 
and postoffice address of every blind or deaf person 
of suitable age for admission to said school, residing 
in his county, including all such persons as may be 
too deaf or blind to acquire an education in the com- 
mon schools. Applicants for admission to said school 
from other states, if within the ages prescribed by this 
section, may be admitted upon payment of such a sum 
quarterly as the board of trustees of said school may 
determine. [G. L. '77, p. 656, Sec. 1902; G. S. '83, p. 
733, Sec. 2441 ; Mills Ann. St., Sec. 3253, as amended 
by L. '95, p. 223, Sec. 1; 3 Mills Ann. St., Sec. 3253. 

1. County Superintendent ascertain number of deaf mutes. 
Sec. 54. 



FLAGS. 

DISPLAY BY SCHOOLS. 

An Act to authorize sctiool directors to purchase and dis- 
play United States flags upon school buildings. Approved March 
26, 1891. In force June 24, 1891. [L. '91, p. 322. 

Directors Purchase Flag — Flagstaff — Display. 

Sec. 1. The school directors of the several 
school districts in this state may purchase or cause 
to be purchased a suitable American flag of standard 



104 SCHOOL LAWS OF THE STATE OF COLORADO. 

bunting, not less than eight by twelve (8x12) feet in 
size, and. they may erect and maintain or cause to be 
erected and maintained upon each public school build- 
ing or the grounds belonging thereto, a suitable flag- 
staff with the necessary ajDpliances for displaying said 
flags, and may cause said flag to be displaj^ed upon 
said staff upon all National and State holidays, the 
first and last days of each school term, and such other 
occasions as such school directors shall prescribe. [L. 
'91, p. 322, Sec. 1 ; 3 Mills Ann. St., Sec. 4015 a. 

Each Department Keep Flag. 

Sec. 2. Every school within this State may have 
placed and kept in a conspicuous position in each de- 
partment thereof at least one American flag of stand- 
ard bunting, not less than three by five (3x5) feet in 
size. [L. '91, p. 322, Sec. 2; 3 Mills Ann. St., Sec. 
4015 b. 

Expense of Purchasing and Care of Flag. 

Sec. 3. It shall be lawful for the school direct- 
ors of each school district in this state to pay for 
said flags and staffs and to provide for the proper 
care and maintenance of the same, from any special 
school funds which they may have in their hands or 
which may be subject to their order, or to include the 
expense thereof in the next annual estimate for 
school exjjenses, or in any tax levy for school pur- 
poses; and the expense thereof for any public school 
shall be met by said directors or other officers 
charged with the duty of raising or appropriating 
any money for school purposes as any other neces- 
sary expenses or expenditures for school purposes 
are raised. [L. '91, p. 323, Sec. 3; 3 Mills Ann. St., 
Sec. 4015 c. 

Applies to All Institutions. 

Sec. 4. This act shall be held to apply to all 
institutions directly or indirectly under the control 
of the State of Colorado or any of its officers, and it 



SCHOOL LAWS OF THE STATE OF COLORADO. 105 

shall be the duty of such officer or officers to see that 
this act is complied with. [L. '91, p. 323, Sec. 4; 3 
Mills Ann. St., Sec. 4015 d. 

Injury to Flag. 

Sec. 5. Any person who shall wilfully injure, 
deface, or destroy any flag, flag-staff, or other mate- 
rials placed in any room or building or upon any 
building or school grounds for the carrying out of 
this act, shall be deemed guilty of a misdemeanor 
and punished accordingly. [L. '91, p. 323, Sec. 5; 3 
Mills Ann. St., Sec. 4015 e. 

Superintendent of Public Instruction Publish Act. 

Sec. 6. It shall be the duty of the Superintend- 
ent of Public Instruction to publish this act in con- 
nection with the school law of this state. [L. '91, p. 
323, Sec. 6; 3 Mills Ann. St., Sec. 4015 f. 

DISPLAY ON PUBLIC BUILDINGS. 

An Act relating to the display of flags on public and private 
buildings, and in processions and parades, and providing a pen- 
alty for the violations of this act. Approved March 5, 1895. In 
force June 3, 1895. [L. '95, p. 177. 

Display of Flag Other Than United States. 

Sec. 1. It shall be unlawful to display any 
flag upon any State, County or Municipal buildings 
in this State, except the flags of the United States; 
Provided, however, That whenever any foreigner shall 
become the guest of the United States, or of the State 
of Colorado, or of any city of this state, or upon the 
occasion of the visit of any foreign minister, envoy 
or embassador in his official or representative capac- 
ity, the flag of the country of which such person 
shall be a citizen may be displayed upon such pub- 
lic buildings ; and it shall be unlawful to display the 
flag of any anarchistic society upon any public or 
private building or in any street procession or parade 
within the state of Colorado. [L. '95, p. 177, Sec. 1; 
3 Mills Ann St., Sec. 1968 a. 



106 SCHOOL LAWS OP THE STATE OF COLORADO. 
Violation. 

Sec. 2. Any violation of this act is hereby de- 
clared a misdemeanor and shall be punished by a 
fine of not less than fifty (50) nor more than five hun- 
dred dollars (|500). [L. '95, p. 177, Sec. 2; 3 Mills 
Ann. St., Sec. 1968 b. 

KINDERGARTENS. 

An Act to empower the school board of any district to 
establish and maintain free kindergartens for the instruction of 
children between three and six years of age. Approved and in 
force March 14, 1893. [L. '93, p. 436. 

Free Kindergartens iVIay Be Established — Cost. 

Sec. 1. The school board of any school dis- 
trict in the state shall have power to establish and 
maintain free kindergartens in connection with the 
public schools of said district, for the instruction of 
children between three and six years of age, residing 
in said district, and shall establish such courses of 
training, study and discipline and such rules and reg- 
ulations governing such preparatory or kindergarten 
schools as said board may deem best ; Provided, That 
nothing in this act shall be construed to change the 
law relating to the taking of the census of the school 
population or the apportionment of state and county 
school funds among the several counties and districts 
in this state; Provided, further. That the cost of estab- 
lishing and maintaining such kindergartens shall be 
paid from the special school fund of said districts, 
and the said kindergartens shall be a part of the public 
school system and governed as far as practicable in 
the same manner and by the same officers as is now, 
or hereafter may be, provided by law for the govern- 
ment of the other public schools of the state ; Provided, 
further. That teachers of kindergarten schools shall 
have a diploma from some reputable kindergarten 
teachers' institute, or pass such examination on kin- 
dergarten work as the kindergarten department of the 



SCHOOL LAWS OF THE STATE OF COLORADO. 107 

State Normal School may direct. [L. '93, p. 436, 
Sec. 1 ; 3 Mills Ann. St., Sec. 4015 g. 

1. See Constitution, Art. IX., Sec. 11. 

REPORT OF FINES IMPOSED. 

An Act to provide for reporting fines collected for the 
benefit of the general school fund. Approved March 2, 1893. In 
force May 31, 1893. [L. '93, p. 304. 

Justice Report — Fines. 

Sec. 1. Every justice of the peace or other 
magistrate by whom any fine or penalty has been 
imposed which under the statute should be paid into 
the general school fund, shall at the next regular quar- 
terly meeting of the board of county commissioners 
submit an itemized report showing date of trial, title 
of case, nature of offense and amount of fine, giving 
amounts collected, amounts uncollected, and accom- 
pany said rej)ort with receipts from the county treas- 
urer for amounts so collected and paid over to him. 
[L. '93, p. 304, Sec. 1 ; 3 Mills Ann. St., Sec. 2775 a. 

County Treasurer Render Statement. 

Sec. 2. The county treasurer, at the time of ren- 
dering to the county superintendent of schools his 
quarterly certificate of taxes collected (as provided 
in section sixty-six (66) of chapter XCVII being gen- 
eral section three thousand and sixty-one (3061) 
of the General Statutes of, the State of Colorado) 
shall show separately in said certified statement the 
amounts received from fines and by whom paid in. 
[L. '93, 304, Sec. 2; 3 Mills Ann. St., Sec. 2775 b. 

Apply to Those Now in Office. 

• Sec. 3. This act shall be construed to apply to 
and effect those now in ofiice during the remainder of 
their terms. [L. '93, p. 304, Sec. 3; 3 Mills Ann. St., 
Sec. 2775 c. 



108 SCHOOL LAWS OF THE STATE OP COLORADO. 
Repeal. 

Sec, 4. All acts and parts of acts inconsistent 
with the provisions of this act are hereby repealed. 
[L. '93, p. 304, Sec. 4 ; 3 Mills Ann. St., Sec. 2775 d. 

CITY OF CENTRAL. 

An Act to amend the charter of the city of Central; to re- 
peal sections 3, 4, 5, 6 and 7 of an act entitled "An act to amqnd 
an act entitled 'An act to incorporate the city of Central, ap- 
proved March 11, 1864,' approved February 10, 1865;" to repeal 
all other acts and parts of acts in conflict herewith. Approved 
and in force April 4, 1899. [L. '99, p. 195. 

School District Organized in City of Central. 

Sec. 1. Immediately upon the taking of effect 
of this act, a school district or school districts shall 
be organized in the City of Central, under the general 
school law of this state, and from and after the or- 
ganization thereof, the public schools in said city shall 
be organized, managed and controlled in all respects 
in the manner provided by the general school law of 
this state. [L. '99, p. 366, Sec. 1. 

City Treasurer Pay Over Moneys to County Treasurer. 

Sec. 2. The city treasurer of the city of Central 
is hereby authorized and directed to p^y over to the 
county treasurer of Gilpi-n county, Colorado, for the 
use and benefit of such school district or districts, as 
may be organized in pursuance of this act, all moneys 
in his hands standing to the credit of the school fund 
or which may hereafter ^come into his hands belong- 
ing to the said school fund; Provided, That the county 
treasurer shall not be entitled to any fees of commis- 
sion upon funds so received from said city treasurer. 
[L. '99, p. 367, Sec. 2. 

City Council Transfer Property. 

Sec. 3. The city council of the City of Centi'al 
shall provide by ordinance for the transfer, to the 
school district or school districts organized in pursu- 
ance of this act, of the title to all property, real and 



SCHOOL LAWS OF THE STATE OP COLORADO. 109 

personal, belonging to, or in any wise appertaining 
to the public schools in said city. [L. '99, p. 367, 
Sec. 3. 

Not Affect Contracts, Etc. 

Sec. 4. This act shall not affect in any way, form 
or manner any agreement, contract, liability or pro- 
ceeding entered into, executed, incurred or done prior 
to the passage of this act. [L. '99, p. 367, Sec. 4. 

Repeal. 

Sec. 5. That sections 3, 4, 5, 6 and 7 of "An Act 
to Amend an Act entitled 'An Act to incorporate the 
City of Central,' approved March 11, 1864," ax)proved 
February 10, 1865, and all acts and parts of acts in 
conflict herewith, be and the same are hereby repealed. 
[L. '99, p. 367, Sec. 5. 

BLACK HAWK SCHOOLS. 

An Act to amend the charter of the city of Black Hawk, 
etc. Approved February 19, 1901. 

Schools of Black Hawk, Under General School Law. 

Sec. 1. From and after the passage of this act, 
the public schools of the city of Black Hawk shall 
be organized, governed and conducted in accordance 
with the provisions of the general school law of this 
state. [L. '01, p. 76, Sec. 1. 

City Treasurer Pay Funds to County Treasurer. 

Sec. 2. The city treasurer of said city shall pay 
over to the county treasurer of Gilpin county all 
moneys in his possession belonging to the Black Hawk 
school district, for the use of the said district; Pro- 
vided, That the county treasurer shall not be entitled 
to any fees or commissions upon funds so received 
from said city treasurer. [L. '01, p. 76, See. 2. 

Conveyance of School Property to District. 

Sec. 3. The city council of said city shall pro- 
vide bv ordiriaucp for the convevance to said district 



110 SCHOOL LAWS OF THE STATE OF COLORADO. 

of the title to all property belonging to the public 
schools in said city. [L. '01, p. 76, Sec. 3. 

Sec. 4. Repeal of former law. [L. '01, p. 77, 
Sec. 4. 

HIGH SCHOOLS. 

An Act to provide for the establishment and support of 
high schools in counties of the fourth and fifth classes. Approved 
April 8, 1899. In force July 7, 1899. L. '99, p. 267. 

Establishment of High School — Election. 

Sec. 1. At any general election subsequent 
to the passage of this act, the question of organizing 
any county of the fourth or fifth class as classified 
by law with reference to the salaries of district attor- 
neys and county officers into one school district for 
high school purposes shall be submitted to the quali- 
fied electors of such county, provided . a petition 
signed by fifty taxpayers resident therein asking that 
the question be thus submitted, shall have previously 
been presented to the county commissioners not later 
than their regular October meeting. At which time 
the first petition presented shall be alone considered. 
Said petition shall state the maximum amount of tax 
to be levied for the support of the high school which 
shall in no case exceed the limit fixed by this act. 
[L. '99, p. 226, Sec. 1. 

1. Union High School. Sec. 33. 
High School Committee — How Selected — Officers. 

Sec. 2. Whenever a majority of the votes cast on 
the question of organizing any county of the fourth 
or fifth class into one school district for high school 
purposes shall be in favor of such organization, the 
superintendent of schools of such county shall, by 
notification through the mail and by publication 
where practicable, call a meeting of the boards of 
directors of all the districts of said county, which 
meeting shall elect by ballot from among the members 
of said boards of directors a committee of four, which 
shall be known as the high school committee; Pro- 



SCHOOL LAWS OF THE STATE OF COLORADO. Ill 

vided, That no two members of any board of directors 
shall, at the same time, be members of the high school 
committee, except in counties where there are fewer 
than four districts. The county superintendent of 
schools shall be, ex oflftcio, a member of the high 
school committee, and secretary thereof. The com- 
mitttee shall select from its members a president, and, 
if need be, a treasurer. [L. '99, p. 226, Sec. 2. 

1. Committee on High School. Sec. 34. 
Term of Office — Vacancy, How Filled. 

Sec. 3. The term of office of a member of the 
high school committee shall expire simultaneously 
with the expiration of his term of office as a director 
of the school district wherein he resides, and the 
vacancy thus created shall be filled by the boards of 
directors of the various districts of the county at a 
meeting held not later than thirty days subsequent 
to the occurrence of the vacancy. The secretary of 
the committee shall give each board of directors at 
least ten days' notice of the holding of such meet- 
ing. All vacancies caused in any other manner than 
by expiration of term of office shall be filled by ap- 
pointment by the county superintendent of schools. 
[L. '99, p. 227, Sec. 3. 

Meetings of Committee. 

Sec. 4. The regular meetings of the high school 
committee shall be held on the first Saturday of 
March, June, September, and December of each year, 
and special meetings may be held upon call of the 
president or secretary of said committee, or upon call 
of any two members thereof. [L. '99. p. 227, Sec. 4. 

Powers — Duties — Limit of Tax. 

Sec. 5. With reference to any high school organ- 
ized under the provisions of this act, or heretofore 
organized, as a Union High School at any county 
seat, under section 3997, Mills' Annotated Statutes. 
The high' school committee shall exercise all powers, 



112 SCHOOL LAWS OF THE STATE OP COLORADO. 

and perform all duties, that are, at the time of adop- 
tion of this act, accorded to, and required off (of) 
directors of first and second-class districts throughout 
the state; provided, that the amount of tax certified 
to the county commissioners for the maintainance 
(maintenance) of the high school shall in no case ex- 
ceed two mills on the dollar of the assessed valuation 
of the county. [L. '99, p. 227, Sec. 5. 

1. Section 3997 referred to is Sec. 33 hereof. 
Admission — Tuition Fee. 

Sec. 6. Admission to any high school organized 
and maintained under the provisions of this act, or 
heretofore organized as a union high school at any 
county seat, under section 3997 Mills' Annotated 
Statutes, shall be upon terms prescribed by the high 
school committee; but no tuition fee shall be exacted 
from any resident of the county wherein such high 
school exists. [L. '99, p. 228, Sec. 6. 

1. Section 3997 referred to is Sec. 33 hereof. 
High School Tax — Commissioners Levy — Collected. 

Sec. 7. It is hereby made the duty of the county 
commissioners of any county wherein a high school 
is organized under the provisions of this act, or here- 
tofore organized as a union high school at any county 
seat, under section 3997 Mills' Annotated Statutes, 
to levy annually at the time of levying taxes for other 
purposes, a high school tax on all the taxable prop- 
erty of the county, said tax not to exceed two mills 
on the dollar of the assessed valuation. The high 
school tax shall be collected in the same manner as 
other taxes are collected, and shall be paid out by the 
county treasurer on warrant drawn by the secretary 
of the high school committee, signed by the president 
and countersigned by on^e other member. [L. '99, p. 
228, Sec. 7. 

1. Section 3997 referred to is Sec. 33 hereof. » 



SCHOOL LAWS OF THE STATE OP COLORADO. 113 
Increase of Tax Levy. 

Sec. 8. Whenever, subsequent to the organiza- 
tion of a high school under the provisions of this act, 
it shall seem desirable to increase the tax levy for 
high school purposes, beyond the maximum fixed by 
the original petition, the question of such increase 
may be submitted to the qualified electors of the 
county in the manner provided by section one of this 
act for the submission of the original question. [L. 
'99, p. 228, Sec. 8. 

INTEREST. 
Rate of Interest. 

Section 1. County orders and warrants, town and 
city and school orders and warrants and other like 
evidences or certificates of municipal indebtedness 
shall bear interest at the rate of six per centum per 
annum from the date of presentation thereof for pay- 
ment, at the treasury where the same may be paya- 
ble, until there is money in the treasury for the pay- 
ment thereof, except when otherwise specially pro- 
vided by law, and every county treasurer, town treas- 
urer and city treasurer to whom any such county, 
town, city or school order or warrant is presented 
for payment, and who shall not have on hand the 
funds to pay the same, shall endorse thereon the rate 
of interest such order or warrant will draw and the 
date of such presentation, and subscribe such endorse- 
ment with his official signature; Provided, That all 
such orders and warrants may be made to bear a 
lower rate of interest than above specified, by special 
agreement between such counties, towns and cities 
issuing the same, and the person to whom such orders 
or warrants are issued. [L. '99, p. 238, Sec. 1. 



114 SCHOOL LAWS OF THE STATE OP COLORADO. 

LIMIT OF TAXATION. 

An Act in relation to taxation; limiting the amount of the 
tax levies for county purposes, classifying the counties for the 
purpose of this act and repealing all acts and parts of acts in con- 
flict herewith. Approved and in force April 8, 1899. L. '99, p. 408. 

Classes of Counties. 

Sec. 1. P^r the purpose of limiting the amount 
of the tax levies for county purposes, as here- 
inafter provided, the several counties in this State 
are hereby classified into ten classes, to be known as 
the first, second, third, fourth, fifth, sixth, seventh, 
eighth, ninth and tenth classes. [L. '99, p. 329, Sec. 1. 

Classification of Counties. 

Sec. 2. The county of Arapahoe shall belong to 
and constitute the first class; the counties of Weld, 
El Paso and Pueblo shall belong to and constitute the 
second class; the counties of Boulder, Fremont and 
Las Animas shall belong to and constitute the third 
class; the counties of Elbert, Hinsdale, and Larimer 
shall belong to and constitute the fourth class; the 
counties of Chaffee, Clear Creek, Douglas, Jefferson, 
Lincoln, Eio Grande and Saguache shall belong to 
and constitute the fifth class; the counties of Chey- 
enne, Delta, Kiowa, Kit Carson, La Plata, Morgan, 
Otero, and Prowers shall belong to and constitute the 
sixth class ; the counties of Costilla, Conejos, Custer, 
Dolores, Garfield, Gilpin, Gunnison, Eagle, Huerfano, 
Logan, Mesa, Montezuma, Montrose, Routt, Rio 
Blanco, Summit, Teller, Washington and Yuma shall 
belong to and constitute the seventh class; the coun- 
ties of Baca, Bent, Lake, Ouray, Park, Pitkin, San 
Juan, San Miguel and Sedgwick shall belong to and 
constitute the eighth class ; the counties of Archuleta, 
Grand and Phillips shall belong to and constitute 
the ninth class; and the county of Mineral shall be- 
long to and constitute the tenth class. [L. '99, p. 329, 
Sec. 2. 



SCHOOL LAWS OF THE STATE OF COLORADO. 115 
Limit of Levy. 

Sec. 3. There shall be levied and assessed upon- 
all taxable property, both real and personal, within 
the several counties of this state the following taxes : 
For ordinary county revenue, including the support 
of the poor and for the purpose of raising a fund to 
meet any unforseen contingencies, such rate as may 
be necessary, not to exceed three mills on each dollar 
of valuation in counties of the first class; not to ex- 
ceed six mills on each dollar of valuation in counties 
of the second class; not to exceed seven and one-half 
mills on each dollar of valuation in counties of the 
third class ; not to exceed eight and one-half mills on 
each dollar of valuation in counties of the fourth 
class; not to exceed ten and one-half mills on each 
dollar of valuation in counties of the fifth class; not 
to exceed twelve mills on each dollar of valuation in 
counties of the sixth class ; not to exceed fifteen mills 
on each dollar of valuation in counties of the seventh 
class ; not to exceed sixteen mills on each dollar of val- 
uation in counties of the eighth class; not to exceed 
twenty mills on each dollar of valuation in counties of 
the ninth class ; not to exceed twenty-five mills on each 
dollar of valuation in counties of the tenth class ; Pro- 
vided, That any county may levy such rate as it may 
see fit for the erection, maintaining, repairing, leasing 
or renting of county, buildings, for roads and bridges, 
bonds and interest thereon, or judgment bonds and in- 
terest thereon and for school purposes. [L. '99, p. 330, 
Sec. 3. 

Sec. 4. All acts or parts of acts in confiict with 
this act are hereby repealed, so far as the same conflict 
with this act. [L. '99, p. 331, Sec. 4. 

An Act in relation to union high schools, and repealing all 
acts or parts of acts in conflict herewith. Approved April 11, 
1903, in force July 10, 1903. [L. '03, p. 425. 

Sec. 1. In all counties of the fourth and fifth 
classes, all school districts lying adjacent to an incor- 



116 SCHOOL LAWS OF THE STATE OF COLORADO. 

porated town or city may be organized into a Union 
High School district. [L. '03, p. 425, Sec. 1. 

Sec. 2. The county commissioners of each of said 
counties are required to levy a tax of not less than one 
or more than three mills upon all taxable property in 
such high school districts when the same shall have 
been organized, for the support of such school. Such 
levy shall be made annually after the organization of 
the said district shall have been made, at the same time 
that other taxes are levied. 

It shall be the duty of the school district in which 
such school or incorporated town is incorporated to 
j)rovide, at its own expense, a suitable building for the 
use of such Union High School. [L. '03, p. 425, Sec. 2. 

Sec. 3. Any outlying school district not contigu- 
ous to such city or incorporated town may, by a major- 
ity vote of the duly qualified electors of such district, 
be added to any such Union High School district with- 
in the county ; and where it is more convenient for the 
pupils of any school district to attend school in a 
Union High School of another county, such district 
may be attached, by such vote, to the Union High 
School district of an adjacent county. [L. '03, p. 425, 
Sec. 3. 

Sec. 4. The organization of these Union High 
School districts shall not affect the organization nor 
the levy of the regularly organized districts. [L. '03, 
p. 426, Sec. 4. 

Sec. 5. The county superintendent shall, on or 
before the first day of May, 1903, appoint one member 
from each of the adjoining or outlying districts com- 
posing such Union High School districts who shall, to- 
gether with the members of the regularly organized 
district in which the building is located, constitute 
the School Board of such Union High School district. 
Each following year the members of the school board 
shall be elected at the regular annual meeting of the 
several districts. [L. '03, p. 426, Sec. 5. 



SCHOOL LAWS OF THE STATE OF COLORADO. 117 

Sec. 6. The qualifications necessary to enter such 
union high school shall be a diploma from the county 
superintendent upon completion of the eighth grade 
work, or a certificate isued upon grades in lieu of the 
eighth grade work. The county superintendents of 
the several counties shall, at their first annual state 
meeting, appoint a committee of five, who shall formu- 
late a course of study for such union high schools, such 
course to be uniform in all the grades. [L. '03, p. 426, 
Sec. 6. 

SALARIES OF COUNTY SUPERINTENDENTS AND 
DEPUTIES. 

An Act to provide for the payment of salaries to certain 
officers, to provide for the disposition of certain fees, and to 
repeal all acts inconsistent therewith. Approved April 6, 1891. 
In force July 5, 1891. [L. '91, p. 307, as amended by L. '99, p. 331. 

Classification of Counties — Salaries — Mileage. 

Sec. 14. For the purpose of regulating the 
amount of compensation of county superintendents 
of schools, the counties of the state are divided into 
seven classes, as follows : Arapahoe, El Paso and Las 
Animas shall be first class; Pueblo, Weld, Boulder 
and Fremont shall be second class; Conejos, Gilpin, 
Huerfano, Lake, Larimer, Mesa, Montrose and Otero 
counties shall be third class; Chaffee, Clear Creek, 
Douglas, Delta, Eagle, Elbert, Garfield, Jefferson, 
Gunnison, La Plata, Ouray, Kio Grande, Pitkin, Park 
and Saguache shall be fourth class; Bent, Custer, 
Cheyenne, Kit Carson, Logan, Montezuma, Prowers, 
Koutt and San Miguel shall be fifth class ; Archuleta, 
Baca, Costilla, Grand, Kiowa, Lincoln, Morgan, Min- 
neral, Phillips, Rio Blanco, Sedgwick, Summit, Wash- 
ington and Yuma shall be sixth class; Dolores, Hins- 
dale and San Juan shall be seventh class. 

County superintendents of schools shall receive 
the following compensation, to be paid quarterly out 
of the county treasury, to-wit: In counties of the 
first class, an annual salary of twenty-eight hundred 



118 SCHOOL LAWS OF THE STATE OF COLORADO. 

dollars (|2,800); in counties of the second class, an 
annual salary of two thousand dollars (|2,000); in 
counties of the third class, an annual salary of twelve 
hundred dollars (|1,200); in counties of the fourth 
class, a annual salary of eleven hundred dollars 
(|1,100); in counties of the fifth class, an annual 
salary of eight hundred dollars (|800); in counties 
of the sixth class, an annual salary of five hundred 
dollars (|500); in counties of the seventh class, an 
annual salary of one hundred dollars (|100). In all 
but first and second class counties, boards of county 
.commissioners may allow mileage, not to exceed ten 
cents per mile, for distance necessarily and actually 
traveled in the performance of duty not to exceed an 
aggregate of three hundred dollars per annum in any 
county. [L. '91, p. 312, Sec. 14 ; 3 Mills Ann. St., Sec. 
1936 u, as amended by L. '99, p. 396, Sec. 10. 

1. County provide furniture, stationery, etc., for county 
offlcer,s. 1 Mills Ann. St., Sec. 804. 

Deputies of County Officers — Compensation. 

Sec. 17. Deputies and assistants may be em- 
ployed by the sheriffs, county clerks, county treas- 
urers, county assessors and county superintendents 
of schools, under the direction of the board of county 
commissioners for said counties respectively, and 
clerks of the district court under direction of the judge 
of said court, and shall be paid salaries out of 
the fees, commissions and emoluments of the office 
wherein emploj-ed (except employes of county as- 
sessor and of county superintendent, who shall be 
paid out of the county treasury), the compensation 
and time of service to be fixed by the board, the selec- 
tion of said deputies and employes to be made by the 
officer authorized to employ them; Provided, That 
the provisions of this section relating to the county 
superintendents of schools shall apply only in coun- 
ties of the first class. [L. '91, p. 313, Sec. 17 ; 3 Mills 
Ann. St., Sec. 1936 x, as amended by L. '97, p. 143, 
Sec. 1, as amended by L. '99, p. 397, Sec. 11. 



SCHOOL LAWS OF THE STATE OF COLORADO. 119 
Not Apply to Those Now in Office. 

Sec. 25. This act shall not be construed to af- 
fect those now in office during their present term of 
office, but shall apply to all officers hereafter elected 
or appointed. [L. '91, p. 315, Sec. 25 ; 3 Mills Ann. St., 
Sec. 1936 fl. 

Repeal. 

Sec. 26. All acts and parts of acts inconsistent 
with the provisions of this act are hereby repealed. 
[L. '91, p. 315, Sec. 26 ; 3 Mills Ann. St., Sec. 1936 gl. 



120 BLANK FORMS FOR USE OF 



BLANK FORMS 

FOR THE USE OF 



School Officers and Teachers. 



NO. 1. FORM OF OATH OF SCHOOL OFFICERS. 

(See Sections 13, 22 and 47.) 

State of Colorado, 

County of 

I, , do solemnly swear ( or affirm) 

that I will faithfully perform the duties of 

of school district No , in the County of 

to the best of my skill and ability; and that I will 
carefully keep and preserve all records, books and 
other property of the said district that may come into 
my hands, and delive"r the same to my lawful succes- 
sor in office ; and, further, that I will support the con- 
stitution of the United States and the Constitution of 
this State, and the laws of this State, made in pursu- 
ance hereof ; so help me God. 

C D [Seal] 

Subscribed and sworn to before me this 

day of , 189. .. 

E P... 

Remarks — The foregoing oath should be taken 
before a county superintendent, notary public, justice 
of the peace, or some officer duly authorized by law to 
administer oaths. The county superintendent's oath 
should be filed with the county clerk within thirty 
days after his election, and the oath of district officers 
should be filed with the county superintendent within 
thirty days after their election. 



SCHOOL OFFICERS AND TEACHERS. 121 

NO. 2. FORM OF COUNTY SUPERINTENDENT'S BOND. 

(See Section 13.) 

Know All Men by These Presents, That we 

A B , C D , and E 

F , of the County of , and State of 

Colorado, are held and firmly bound unto the people 
of the state of Colorado, in the full and just sum of 

dollars, lawful money of the United States, 

to which payment, well and truly to be made, we bind 
ourselves jointly and severally, our joint and several 
heirs, executors and administrators, firmly by these 
presents. 

In Witness Whereof, We have hereunto set our 

hands and seals this day of , A. D. 

189... 

The condition of the foregoing obligation is such. 

That, whereas, the above bounden A B 

was, on the .... day of , A. D. 189 . . . , duly 

elected (or appointed, if that be the case) county super- 
intendent of schools of the county aforesaid, for the 
term of ; 

Now, Therefore, If the said A B 

shall faithfully perform all the duties of said office, 
according to the laws which now are, or may here- 
after be in force, and shall render a just and true ac- 
count of all money or other property which may come 
into his hands or under his control as superintendent 
of the schools of said county, and shall deliver over to 
his successor in office all moneys, books, papers and 
property in his hands as such county superintendent, 
then this obligation shall be void; otherwise it shall 
remain in full force. 

A B [Seal] 

O D [Seal] 

E F [Seal] 

Signed, sealed and delivered in the presence of 

L M 

O P 



122 BLANK FORMS FOR USE OF 

Remarks — The penal sum named in the bond is 
to be fixed by the board of county commissioners, but 
in no case shall the sum be less than |2,000. 



NO. 3. FORM OF A PETITION OF PARENTS AND GUAR- 
DIANS WHO DESIRE TO FORM A NEW DISTRICT 
FROM PARTS OF ONE OR MORE OLD ONES. 

(See Section 27.) 

To , 

County Superintendent of Schools, County : 

We, the undersigned, residents of district (or 
districts) No , respectfully represent that we de- 
sire to form a new district, with boundaries as fol- 
lows, viz. : [Here describe the proposed bounds, fol- 
lowing government lines as far as practicable.] We 
further declare that, collectively, we are the parents 
or guardians of at least ten children of school age, 
and we hereby certify that the list of names of per- 
sons of school age which is attached to and made a 
part of this petition, is a correct list of all such per- 
sons residing in the proposed district. 



SCHOOL OFFICERS AND TEACHERS. 



123 



NAME. 


NAME. 


■ 


■ 



NAMES OP PERSONS OF SCHOOL AGE. 



124 BLANK FORMS FOR USE OF 

Remarks — Give postoffice address of some or all 
signers. The list of children should be carefully 
filled up by some person interested in the change be- 
fore the paper is circulated for signatures. 



NO. 4. FORM OF ORDER DIRECTING A PETITIONER TO 
GIVE NOTICE OF THE FORMATION OF A NEW DIS- 
TRICT. 

(See Section 27.) 

Oface of 
County Superintendent of Schools, 

County, Colorado. 

To C D : 

You are hereby notified that I have received a 
petition signed by yourself and others, informing me 
that you desire to form a new school district of the 
territory described as follows, to-wit: [Description as 
above.] In order that the wishes of the residents of 
said proposed district may be ascertained, you will 
please notify, by personal service as far as convenient, 
each elector residing therein, and also post notices 
in three public places (one of which shall be the place 
of meeting) that such a petition has been made, and 
that a meeting will be held, naming the time and place 
of such meeting, to determine whether such district 
shall be formed. You will, also, please notify me by 
mail of the time and place of such meeting. 
Respectfully yours. 



County Superintendent. 

Remarks — In the formation of a new district, 
every step should be strictly in accordance with the 
law. 

The notices posted should contain a clear de- 
scription of the proposed district, 



SCHOOL OFFICERS AND TEACHERS. 125 

NO. 5. FORM OF NOTICE FOR A MEETING TO ORGANIZE 
A NEW DISTRICT. 

SCHOOL DISTRICT MEETING. 

To all whom it may concern : 

Whereas, It is proposed to organize a new school 

district in that part of County described 

as follows, to- wit: [Description.] Notice is hereby 
given, as per direction of the County Superintendent 
of Public Instruction of said county, that a meeting 
of the electors residing within the boundaries afore- 
said will be held at , on the day of 

, A. D. 189 . . . , at o'clock, . . . m., 

Avhen a vote will be taken by ballot, on the question 
whether or not the proposed district shall be organ- 
ized. If the vote shall be in the affirmative, a Board 
of Directors will then be elected. 

By order of , County Su- 
perintendent of Schools. 

C D 

Dated , 189. . 

Eemarks — After the organization, a copy of the 
notice and of the proceedings of the meeting should 
be sent to the county superintendent. 

The ballot box should be kept open long enough 
to give every elector an opportunity to vote — never 
less than three hours. 

If the proceedings were in accordance with the 
law, the county superintendent should number and 
record the district, and notify the secretary of his 
action. 



126 BLANK FORMS FOR USB OF 

NO. 6. FORM OF BOND TO BE GIVEN BY THE SECRETARY 
OR TREASURER OF EACH SCHOOL DISTRICT. 

(See Section 47.) 

State of Colorado, 
County of 

Know All Men by these Presents, That we, 

A B , principal, and C , 

D , and E , F .-..., sureties, 

are held and firmly bound unto School District No. 

, in the County of , State of 

Colorado, in the full sum of dollars, lawful 

money of the United States, to which payment, well 
and truly to- be made, we bind ourselves jointly and 
severally, our joint and several heirs, executors and 
administrators, firmly by these presents. 

In witness whereof. We have hereunto set our 

hands and seals this day of , 

A. D. 189.. 

The condition of the foregoing obligation is such. 

That, whereas, the above bounden A 

B was, on the. . . day of A. 

D. 189. ., duly elected (or appointed) Secretary (or 
Treasurer) of School District No. . . ., in the County 

of ., and State of Colorado, for the term 

of „ 

Now, therefore. If the said A B 

shall faithfully discharge all the duties of said office, 
according to the laws which now are, or which may 
hereafter be in force, and shall faithfully apply all 
moneys which may come into his hands by virtue of 
said office, and shall deliver over to his successor in 
ofiflce all moneys, books, papers and property in his 
hands as said officer, within ten days after the same 
shall have been demanded by such successor, then this 
obligation shall be void; otherwise it shall remain in 
full force. 

A... B [Seal] 

C D [Seal] 

E F... [Seal] 



SCHOOL OFFICERS AND TEACHERS. 127 

Signed, sealed and delivered in presence of 

L M 

X Y 

Eemarks — The penal sum named in the above 
bond should be at least twice the amount likely to be 
in the hands of the officer at any one time during his 
term of office. 

The bond must be filed with the county superin- 
tendent. 



NO. 7. FORM OF REQUEST TO BE MADE BY TEN LEGAL 
VOTERS OF A DISTRICT TO THE BOARD OF DIREC- 
TORS, FOR THE CALLING OF A SPECIAL MEETING. 

(See Section 62.) 

To the Board of Directors of School District No , 

in County, Colorado : 

The undersigned, legal voters of school district 

No. . . ., in County, Colorado, request you 

to call a special meeting of said district for the pur- 
pose of 

Dated this day of , A. D. 189 . . . 

A B 

C D 

E F 

G H 

L M 

O P 

Q R 

S T 

U V 

W X 



128 BLANK FORMS FOR USB OF 

NO. 8. FORM OF NOTICE OF SPECIAL MEETING. 

(See Sections 62 and 63.) 

Notice — A special meeting of tlie legal voters of 

School District No. . . ., in the County of , 

called on the written request of ten legal voters (or 
called by the district board, as the case may be), will 
be held at (the district school house or other place) 

on the day of , 189 . . . , at . . . . o'clock 

(p. m.), for the purpose of (here specify every item of 
business that is to be brought before the meeting). 

A.. B :... 

Posted , 189 . . . Secretary. 

Remfirks — This notice should be posted at least 
twenty days previous to the meeting, in three separate 
public places within the district, and a copy furnished 
to the teachers of each school in the district, to be read 
once in the presence of the pupils. 

Business not specified in this notice can never be 
lawfully transacted at such- special meeting. 



NO. 9. FORM OF NOTICE OF ANNUAL MEETING. 

(See Section 44.) 

Notice is hereby given. That the annual meeting 

of the legal voters of school district No , 

in the county of , will be held (at the school 

house or other place) on Monday, the day of 

May, 189 . . . , for the purpose of electing ( one or more) 
directors, as provided by law. 

The ballot box will be opened at the hour of 

m., and closed at the hour of ... . m., and at .... m. 
the meeting will be organized for the transaction of 
any other business pertaining to school interests that 
may be brought before it. 

Secretary of School District No , 

County of 

Posted April ,189. . . 



SCHOOL OFFICERS AND TEACHERS. 129 

Kemarks — The secretary of the district should 
give at least six days' previous notice of the regular 
meetings of the district (see Section 44), and should 
post the notices and furnish a copy to the teachers in 
the same manner as for special meetings. 



NO. 10. FORM FOR RECORDING PROCEEDINGS OF A MEET- 
ING HELD FOR THE PURPOSE OF ORGANIZING A NEW 
SCHOOL DISTRICT. 

(See Sections 27 and 28.) 

, 189... 

On the .... day of , 189 . . . , a petition, 

of which the following is a true copy, was made to 

X Y , county superintendent of public 

schools of county, to-wit : ( Here copy the 

petition.) Whereupon the said County Superintend- 
ent issued an order, of which the following is a copy, 
to-wit : ( Here insert copy of the order.) In obedience 
to which order the following notice was posted, as re- 
quired by section 27 of the school law, to-wit : ( Here 
insert a copy of the notice.) 

In pursuance of the above notice, the electors of 

the proposed new school district assembled at 

at o'clock .... m. The meeting was called to 

order by A B , and, on motion, 

C D was elected chairman, 

and E F secretary. On motion, 

G H was elected to act with the 

chairman and secretary as judges of election. On mo- 
tion of K .- L , the electors began 

to vote by ballot upon the question of forming a new 
school district. The ballot box remained open for the 

reception of votes from .... o'clock . , , m., until 

o'clock . . . m. tJpon counting the ballots it was found 

that ballots were cast, of which were in 

favor of the oroanizatiou and aaainst. 



130 BLANK FORMS FOR USE OF 

On motion of J K , the meeting 

proceeded to elect, by ballot, a board of directors. 
The following are the names of the persons voting: 
(Here record the names of the persons voting.) The 

ballot resnlted in the election of C D , 

president ; E F , secretary, and 

G H . . .- , treasurer, etc., etc. 

On motion of D the meeting 

adjourned sine die. 

C D..... , 

Chairman. 

Attest : E F , 

Secretary. 

Kemarks — A copy of the proceedings should be 
sent to the county superintendent, together with the 
certificate of some elector, that the notice of the 
meeting was posted in three public places, as re- 
quired by law. The person who posted the notice 
should sign the certificate of posting. 

If the district is formed from unorganized terri- 
tory, the secretary must send with this report a cer- 
tified list of the names of persons of school age re- 
siding in the district. 

A permanent record of the proceedings should 
be made in the secretar^^'s books. 



NO. 11. FORM FOR RECORDING PROCEEDINGS OF A REGU- 
LAR OR SPECIAL MEETING OF THE DISTRICT. 

The regular (or special, as the case may be) meet- 
ing of school district No. . . ., in county, 

Colorado, convened at'. , at ... o'clock (p. 

m.), pursuant to previous notice given by the district 
secretary. 

The meeting was called to order by the Presi- 
dent. ' 



SCHOOL OFFICERS AND TEACHERS. 131 

The Secretary being absent, on motion of Mr. 

A ,0 D was elected secretary 

pro tern. 

Mr. S moved that a tax of two mills on 

the dollar be voted for the purpose of building a school 
house for the district. 

Mr. F moved to amend by striking out 

"two" and inserting "five," which was agreed to, and 
the motion as amended was decided in the affirma- 
tive. 

Mr. D moved that a tax of one mill on 

the dollar be levied for the purpose of defraying the 
contingent expenses of the district. 

Motion carried. 

On motion of Mr. F the meeting ad- 
journed sine die. 



M , 

President. 



Attest: C D, 



Secretary. 

Kemarks^ — Forms 10 and 11 are given with a 
view of assisting the inexperienced. Persons fa- 
miliar with such duties may vary the form, provided 
that the proceedings are accurately recorded. 

Much depends on the record of the proceedings 
of the district meeting; hence it should be correctly 
made and carefully preserved. 

Under the law, the voting of a tax for any pur- 
pose must be, in each year, "On or before the day 
designated by law for the county commissioners to 
levy the requisite taxes for the then ensuing year," 
and 'school boards certify the same to the county com- 
missioners. 



132 BLANK FORMS FOR USE OF 

NO. 12. FORM OF COUNTY SUPERINTENDENT'S NOTICE 
OF APPORTIONMENT TO THE DISTRICT SECRETARY. 

Office of 
County Superintendent of Schools, 

County, Colorado. 

ToA B , 

Secretary of School District No. . . ., 

In County i 

You are hereby notified that I have this day ap- 
portioned to your district the sum of dol- 
lars, of the general school fund, which amount has 
been placed to the credit of your district on the books 
of the county treasurer. 

• ' ? 

County Superintendent. 

Remarks — This notice should be sent immedi- 
ately after each apportionment. 



TEACHER'S CONTRACT. 

STATE OF COLORADO. 

Date. ... 



M 

At a meeting of the Board of Directors, held this 

...:.. day of 189 . . , you, were appointed 

to teach in the Public Schools of District No 

for the terms beginning and ending 

with the school month of , at a salary 

of Dollars (|. . . .) per school month, 

payable monthly in warrants on the County Treasurer 
as provided for in Sections 53 and 68 School Law.. 

The conditions of this appointment are, that you 
will faithfully observe the rules and regulations 
adopted by the Board for the government of the pub- 
lic schools of this district ; that you will exercise due 



SCHOOL OFFICERS AND TEACHERS. 133 

diligence in the preservation of school buildings, 
grounds, furniture, apparatus, books and other school 
property ; that you will make promptly and correctly 
all reports of the school as required by the County Su- 
perintendent ; that you will keep a correct register 
and file the same with the President or Secretary of 
the Board or the Principal of the school, at the close of 
the school year as required in Section 61 School Law; 
that you will hold a legal certificate of the . . . .grade, 
issued or approved by the County Superintendent of 

County. The Board reserves the right 

to increase or diminish the number of months of 
school that shall be held during the terms for which 
you are employed, by giving at least fifteen days' no- 
tice. 

By the President, 

Attest : , Secretary. 

I hereby accept the appointnu^nt to teach in the 

Public Schools of District No , 

County, on the conditions above stated. 

Ivespectfully, 
, Teacher, 



Index to Constitution. 



BOARD OF EDUCATION— Art. Sec. 

who constitute; i)Gwers; duties IX. 1 

BOARD OF LAND COMMISSIONERS— 

who constitute; powers IX. 9 

duties; general provisions IX. ]0 

CHURCH— 

appropriation to, from school fvind prohibited IX. 7 

COMPULSORY EDUCATION— 

provisions concerning IX. II 

COUNTY COMMISSIONERS— 

fill vacancy in office of county superintendent XIV. 9 

COUNTY OFFICERS— 

election of XiV. 8 

qualifications XIV. 10 

vacancy in office, how filled XIV. 9 

COUNTY SCHOOL FUND— 
See "Funds." 

COUNTY SUPERINTENDENT— 

election of XIV. 8 

ex officio land commissioner IX. 6 

term of office; duties; qualifications; cumpensation. . IX. 6 

vacancy in office, how filled XIV. 9 



136 INDEX TO CONSTITUTION. 

COUNTY TREASURER— Art. Sec. 

duties in relation to school funds of county IX, 4 

election of XLV. 8 

DEBT— 

contracted only by vote of electors XI. 7 

of school district by loan XI. 7 

DIRECTORS— 

of school districts; number; powers IX. 15 

DISTRICT— 

restriction upon indebtedness by ; XI. 7 

DOCTRINES— 

not taught in public schools IX. 8 

EDUCATION— 

provisions for schools IX. 2,3 

ELECTION— 

of county ofHcers XIV. . 8 

ELECTIONS- 

who entitled to vote at VII. 1 

ELECTORS— 

qualifications of VII. 1 

qualified elector only, eligible to civil or military 

office ' VII. 6 

sex no disqualification in school elections VII. 1 

EXEMPTION— 

from taxation, of what property X. 5 

FUNDS— 

can not be transferred to other fund.... :-. IX. 3 

contribution to sectarian institutions prohibited IX. 7 

custodian; state treasurer IX. 3 

how distributed among counties IX. 3 

how invested; loss, how supplied IX. 3 



INDEX TO CONSTITUTION. 137 

FUNDS— Continued. Art. Sec. 

of county and school district, how collected rind dis- 
bursed IX. 4 

of public school, from what derived IX. 5 

of public school, interest only expended IX. 3 

of university, regents control IX. 1-1 



INTEREST— 

of public school fund only, expended IX. 3 

INDEBTEDNESS- 

of school district, restrictions XI. 1 

LOSS- 

of any part of public school fund IX. 3 

PUBLIC INDEBTEDNESS— 

restrictions concerning XI. 1, 2 

PUBLIC SCHOOL FUND OF STATE— 
See "Funds." 

PUBLIC SCHOOLS— 

age of pupils who may attend IX. 2 

at least three months' school in each district IX. 2 

no sectarian doctrines taught in; no distinction of 

race or color in IX. 8 

providing for establishment and maintenance of 

free IX. 2 

PUPILS— 

no distinction of, in public schools IX. 8 

QUALIFICATIONS— 

of county officers XIV. 10 

of electors ....'■ Vll. 1 

of elector for any civil or military office VII. 6 

religious test or qualifications prohibited IX. 8 



138 liNfDEX TO CONSTITUTION. 

REGENTS OP UNIVERSITY . Art. Sec. 

election; terms of office; body corporate IX. 12 

shall elect president; term of ofHce; duties IX. 13 

shall have control of funds of university IX. 14 

RELIGIOUS SERVICE— 

teachers and students not required to attend IX. 8 

SCHOOL DISTRICT— 

failing to maintain school; no funds IX. 2 

SCHOOL DISTRICT FUND— 

See "Funds." ] 

SCHOOL DISTRICTS— 

organization of ; general provisions IX. 15 

SECTARIAN INSTITUTIONS— 

appropriations to, from school fund prohibited IX. 7 

STATE BOARD OF EDUCATION— 

not prescribe text books IX. 16 

STATE BOARD OP LAND COMMISSIONERS— 
See "Board of Land Commissioners." 

STATE UNIVERSITY— 

See "Regents of University." 

SUPERINTENDENT OP PUBLIC INSTRUCTION— 

member of state board of land commissioners IX. 9 

president of state board of education IX. 1 

TAXATION— I 

what property exempt X. 5 

TEXT BOOKS— 

prohibition in regard to IX. 16 



INDEX. 



ABSENCE— Sec. Page, 

of school officer, work vacancy 53 4G 

ACCOUNT— 

of district expenses kept by secretary 5G 48 

of each district kept separate by county treasurer.. G8 57 

of fines, penalties and forfeiture (19 59 

of funds of school district, county treasurer state... 2(i I'G 
of warrants issued by district, kept by district 

treasurer 58 50 

ACCOUNTS— 

county treasurer keep separate with each disliict.. (J8 57 

ADJOURNMENT- 

of district meetings G3 53 

school boards, meetings of 50 43 

ADMISSION— 

to county high school 6 112 

to public schools 77 02,63 

to union high school 38 35 

ADULTS— 

admitted to public schools, when 77 63 

AFFIDAVIT— 

in case of appeals 83.84,85 OS 

of secretary to census list 54 46 

upon appeal to county superintendent, when filed; 

contents 83, 84 68 



140 



INDKX. 



AFFIRMATIONS— Sec. Page. 

See "Oaths." 

AGE— 

of children entitled to attend public school 77 G2 

of deaf mutes included in school census 54 47 

of persons in school census 05,80 48,64 

of pupils in deaf and blind school 3 103 

of voter at school election 45 40 

school ag-e defined 80 64 

ALCOHOLIC DRINKS— 

See "Narcotics." 

nature and effects of, taug-ht in public schools 1 79 

providing for the study of the nature and effects — 78 63 

ALCOHOLIC STIMULANTS— 

effect of, taught in public schools 78 63 

ANIMALS— 

humane treatment of, to be taught in public schools 78 63 

ANNEXATION— 

of territory to district 29 29 

ANNUAL CENSUS— 
See "Census." 

ANNUAL ELECTION— 
See "Election." 



ANNUAL MEETING— 

for election of members of school board 44 

of state board of education 2 

ANNUAL REPORT— 

of county superintendent to state superintendent 18 

of county treasurer 26 

of district secretary to county superintendent 56 

of district treasurer 58 

of school board to county superintendent 51 

of teacher 61 



INDEX. 141 

APPEAL— Sec. Page. 

by applicant for certificate of examination from 

decision of county superintendent to state board... 88 69 
from county superintendent determining child is not 

instructed at home 1 84 

to state board of education by teacher IG 21 

when taken ; manner 88 G9, 70 

taken within thirty days; transcript 88 69 

president of board may administer oath 88 69 

decision of board final 88 69 

from directors to county superintendent; time; no- 
tice; transcript; hearing; oaths 82-88 68-70 

how taken; aflfidavit; time; notice to secre- 
tary 82-85 68 

testimony, transcript, notice to parties 85-87 68-69 



APPEALS— 

hearing, oaths • , 87 69 

APPLICANT— 

for certificate, appeal to state board of education... 88 69 

over 21 years for admission to deaf and blind school 3 103 

APPOINTMENTS— 

of county superintendent in case of vacancy 14 19 

of district director by county superintendent. 17,23 22,24 

by board In first-class districts 48 41'. 

of judges and clerks of election in first-class dis- 
tricts 44 38 

of members of high school committee 34 33 

APPORTIONMENT— 

of general fund, when annual report and census list 

are not filed 74 61, 62 

of state normal institute fund 81c 67,68 

APPORTIONMENT OP SCHOOL FUNDS— 

basis of all apportionments 72 61 

by county superintendent 19 23 

of money received from unpaid special taxes 

due a district after division 32 32 



142 INDEX. 

APPORTIONMENT OF SCHOOL PUNDS^Continued. Sec. 

By county superintendents— Continued. 

according to census 73 

when district fails to report census 74 

by superintendent of public instruction 11 

first, after tlie organization of new district 32 

in July; basis 72 

published : 20 

district not having three months' school not entitled 
to 75 

to state normal school 4 

ARBOR DAY— 

third Friday in April, how observed; holiday, gov-^ 
ernor issue proclamation for 1, 2, 3 

ASSESSOR OF COUNTY— 

arrange schedules and books for special school tax. . 67 
assess property in district on May first 67 

ASSISTANT LIBRARIAN— 

appointment; duties; salary 12 

ATTENDANCE— 

, at night school; equivalent 6 

of pupils, stated in report of board 56 

ATTORNEY GENERAL— 

member of state board of education 1 

AVERAGE— 

cost of school, method of obtaining 56 

BASIS— 

of apportionment of school fund 72,73 

BALLOT— 

at meeting to issue bonds ; form 90 

election of school directors by ,. 44 

for refunding bonds; form of 102 



Page. 

61 

61, 62 
17 
32 
61 
24 

62 
97 



18 



12 



49 



61 



INDEX. 143 

BIENNIAL REPORT- " Sec. Page, 
of board of examiners 4 13 

BLIND— 

mutes; secretary ascertain number of 54 • 46 

persons may attend institute, when 3 103 

county superintendent report 3 103 

BLANK BOOKS— 
See "Books." 

BLANK FORMS— 
See "Forms." 

BLANKS— 

for reports supplied by superintendent of public 
instruction 61 52 

BOARD OF COUNTY COMMISSIONERS— 
See "County Commissioners." 

BOARD OF DIRECTORS— 
See "Directors." 

BOARD OF EDUCATION— 

See "State Board of Education." 

who shall constitute 1 12 

meeting and powers of 2 12 

state diploma issued by : 3 12 

revoked by 5 13 

appeal to, from county superintcMident 88 69 

not render judgment for money 80 70 

BOND— 

of county superintendent; amount; approval; filing. 13 18 

of secretary of school board; conditions; approval; 

filing 55 47 

of state superintendent of public instruction; 

amount; approval; where deposited 7 14 



144 INDEX. 

BONDS— Sec. Page. 

meeting for ordering; for school buildings; for pur- 
chasing ground; for funding debt; taxpayers only 
vote for; by whom issued; interest, when redeem- 
able; where payable 90 70,71 

school district, registered by recorder of county; 
contents of 91 72 

principal, how paid; treasurer pay; where paid; 
cancellation of , 92 72-73 

issued under territorial laws; redemption of; pre- 
mium on 92, 93 72, 73 

United States and state, purchased by district treas- 
urer; record of; interest coupons; sale of 93, 94 73,74 

change in boundary lines of district, not release 
property from bond tax 95 74 

property annexed to district liable for bond tax 95 74 

how executed; countersigned 97 75 

when new, issued 99 75 

question of refunding, voted upon 102 77 

BOOKS FOR COUNTY SUPERINTENDENT; FOR TEACHERS— 

See "Books." 

BOOKS— 

of secretary open for inspection 57 50 

superintendent of public instruction print and fur- 
nish for teachers and others 9 15 

used in school, stated in report of board .' 56 49 

BOUNDARIES— 

of school district, county superintendenc ascertain 

and make record 24 25 

of new district organized from old 27 27 

lines of district, changed; not affect bonds 95 74 

BRANCHES— 

taught, stated in report of board 56 49 

common, may be taught In German and Spanish, 
when 78 63 

BUILDINGS— 

creating debt to erect or furnish 45 40 

for district high school; directors build or lease, 

when 52 45 

general fund not used for 71 60 

bonds for erecting ;and furnishing school 90 70,71 

for state normal school, trustees provide 6 97 



INDEX. 145 

BY-LAWS— Sec. Page, 

directors make 48 42 

CANCELLATION— 

of district bonds 92 73 

CANDIDATE— 

for school director in first and second-class districts 45 39 

CENSUS— 

of new district 27 27 

basis of division of school funds upon formation 

of district 32 32 

secretary take annually; forward to county super- 
intendent; copy for districts of first and second 

class 55 48 

school, defined SO 64 

CENSUS LIST- 

county superintendent examine, correct 54 46 

basis of apportionment for school fund 72, 73 61 

CERTIFICATE— 

of secretary to record upon appeal 85 68 

of attendance of child at school 1 81 

CERTIFICATES— 

granted by county superintendent; grades 15, 16 19.20 

temporary 15 19 

granted by boards in first-class districts 16 21 

county superintendent revoke ^ 16 21 

renewal of first grade 16 21 

expiration of, during term 60 51 

necessary to teach; expiration of 60 51 

not required, when 60 51 

renewal of; new 60 51 

state board grant to applicant upon appeal, when... SS 70 

applicant for teacher's, pay fee 81a 67 



146 INDEX. 

CHALLENGE— Sec. Page. 

of vote; oath 45 40 

at meeting to issue bonds 90 70 

CHILD— 

truant and incorrigible, juvenile disorderly person.. 4 86 

commitment of 7 88 

CHILDREN— 

of county attend union high school 33 32 

school board provide books for indigent 51 43 

must attend school; exception 1 84 

between eight and fourteen sent to school; excep- 
tion 2 82 

under fourteen not employed during school hours; 

exception 1, 2 82, 85 

employer keep record; failure; penalty 2, 3 84 

age of, to attend kindergarten 1 106 

CITY COUNCIL— 

of city of Black Hawk transfer school property 3 109 

of city of Central transfer school property 3 108 

CITY OF BLACK HAWK— 

school district organized in, under general laws — 1 109 

CITY OP CENTRAL— 

school district organized in, under general laws 1 . 108 

CITY TREASURER— 

of city of Central pay over moneys to county treas- 
urer 2 108 

of city of Black Hawk 2 109 

CLASSES— 

of counties for limiting rate of taxation 1, 2 114 

of school districts , 41 . 36 

CLASSIFICATION— 

of counties fixing compensation of county superin- 
tendents 14 117, 118 



INDEX. 147 

CLERKS— Sec. Page, 

of election in fir.st-class districts 44 38 

CLOTHING— 

furnished indigent children 2 82 

COMMITTEE- 

of union higli school; term; meetings, powers; du- 
ties 33, 34, 35, 36, 39 33, 34, 35 

COMPENSATION— 

of county superintendents 14 117, US 

of county treasurer for collecting special taxes 9G 75 

of deputy county superintendent for holding ex- 
aminations 15 20 

of deputy county superintendents 17 118 

of secretary of high school committee 34 34 

of secretary, school board fix 51 43 

none to members of board, except secretary 51 43 

of teacher, stated in report of board 56 49 

before dismissal 60 51 

withheld until register is filed 61 52 

of truant officer ^ 5 86 

of trustees of state normal school 13 100 

COMPULSORY EDUCATION— 

of children; school director prosecute; malicious 

prosecution; attendance at night school 1-6 81-83 

in first and second-class districts 1 84 

CONTRACTS— 

officer not interested in public 1 77 

CONVICTION— 

for second violation of compulsory education law 10 90 

COST— 

of school stated in report of board 56 49 

COUNTIES— 

classification of, for limiting rate of taxation 2 114 

for compensation of county superintendents... 14 117,118 



148 iNi)i<:x. 

COUNTY ASSESSORS— Sec. 

arrange tax schedules; list property on May first..,. G7 

COUNTY CLERK— 

levy minimum rate of tax for school purposes 65 

COUNTY COMMISSIONERS— 

fill vacancy in office of county superintendent 14 

provide office, supplies, etc., for county superin- 
tend ent •. 25 

levy county school tax; increase minimum rate; 

levy special tax, when. 64 

special school tax 67 

special tax to pay interest on bonds 92 

to pay bonds 101 

high school tax; limit 7 

make appropriation for normal institutes; issue 

warrants 81 

allow mileage to county superintendents, when 14 

COUNTY COURT— 

inquire into question of truancy on petition 5 

commit from parental or truant school to juvenile 

reformatory U 

clerk of, issue writ 6 

commit juvenile disorderly person 7 

try parent or guardian of truant child 6 

COUNTY SCHOOL FUND— 
See "School Fund." 

COUNTY SCPIOOL TAX— 
See "Taxes." 

COUNTY SUPERINTENDENT— 

receipt for and distribute registers and blank books. 9 

election; term; oath and bond 13 

hold examination of teachers 15 

vacancy in office ; how filled 14 

keep record of examinations, and persons exam- 
ined 16 



Page. 

b7 



55 



19 

25 

55 
57 
72 
77 
112 

66 

lis 



92 



87-88 



INDEX, 1 40 

COUNTY SUPERINTENDENT— Continued. Sec. Pajje. 

revoke teacher's certificate: cause If! 21 

appoint deputy 17 22 

annual report to superintendent of public instruc- 
tion 18 2-J 

collect fee from applicant for teacher's certificate... Sla (i7 

forward to superintendent of public instruction Sla 67 

apportion general school fund 19 23 

certify apportionment of school fund 19 23 

notify secretary of district of apportionment of 

school fund 19 23 

office, supplies, etc., commissioners furnish; keep 

open 25 25 

duties 20 23 

keep record of books furnished school districts 20 23 

administer oaths 22 24 

fill vacancies in district boards 23 24 

penalty for failure to make report 21 24 

publish apportionment of school funds 20 24 

prepare map of school districts 24 25 

call meeting for organization of new district from 

old 27 27 

establish and number new districts 28 28 

transfer to other districts 28 28 

annex or detach territory to district 29 29 

annul district and annex territory 30 30 

extend time for opening school in new district 30 30 

make division of funds upon formation of new dis- 
trict from old 32 31 

apportion moneys received from unpaid special taxes 

to new district 32 32 

call meeting of board to elect high school committee. 33 32 

member of union high school committee 33 33 

approve bond of treasurer ; file 47 41 

fill vacancy caused by failure to qualify 47 41 

examine and correct census list 54 46 

certify to county commissioners amount required to 

maintain schools ; basis of estimate 64 54 

maintain suit against county treasurer 66 56 

look after collection of fines, penalties and forfeit- 
ures; report 69 59 

basis of apportionments by 72, 73 61 

select executive committee, add to standing of 

teachers 81 65, 66 

not render judgment for money 89 70 



150 



INDEX. 



COUNTY SUPERINTENDENT— Continued. Sec. Page. 

notify secretary of appeal; adverse parties of liear- 

ing; administer oaths; decision 85-87 68, 69 

promote observance of arbor day; annual report 3 80 

report blind and deaf persons 3 103 

call meeting of boards of directors of county 2 110 

member of county high school committee; secretary. . 2 111 

fill vacancy in high school committee 3 111 

salary; compensation 14 117,118 

COUNTY SUPERINTENDENT OF SCHOOLS— 
See "County Superintendent." 



COUNTY TREASURER— 

keep account of fund of each school district 26 

malie annual statement of school funds; to whom 26 

transfer funds of united districts 29 

retain unpaid special taxes for new district 32 

collect county school taxes 64 

certify amount of tax collected and uncollected 66 

failure to pay over tax, penalty 66 

certify amount of special tax collected; arrange tax 

schedules 67 

keep separate account for each school district; en- 
dorse warrants; list; pay; notice of funds 68 

pay orders as registered 68a 

failure of, to punish call for payment of school war- 
rants; misdemeanor ■ — 68b 

custodian of normal institute fund 81 

collect special tax ; cash ; cancel bonds 92 

compensation for collecting special taxes 96 

countersign district bonds ... , 97 

collect taxes to pay bonds; pay to district treasurer. 101 
report to county superintendent amount of fines re- 
ceived 1 

pay high school tax on warrant 7 

endorse rate of interest on school order or warrant.. - 1 

COUPON— 

school district, bonds issued; cancelled 90 

COURSE OF STUDY— 

school board fix 51 



26 
26 
29 
32 
54 
56 
56 

57 

57 
58 

59 

66 

72, 73 

75 

75 

77 

107 
112 
113 



71 



INDEX. 151 

DEAF— Sec. Page. 

mutes attend institute, county superintendent re- 
port 3 103 

DEBT— 

election to contract; who vote 45 40 

meeting for contracting bonded 90 70 

DECISION— 

of county superintendent upon appeal S7 69 

of state board of education upon appeal SS 69,70 

DEFICIT— 

in union high school fund 37 35 

DEPUTY— 

county superintendent appoint; compensation 17 22 

county superintendent, may be employed; compen- 
sation l"? lis 

DIPLOMAS— 

state, to whom issued 3 12 

revoked by state board of education 5 13 

classes of, fixed by state board of examiners 4 13 

state normal school grant; evidence; license to 

teach; no fee for 10,11,12 99-100 

of kindergarten teachers 1 106 

DIRECTORS— 

examine teachers in first-class districts; grant cer- 
tificates; report to county superintendent 16 21 

county superintendent appoint to fill vacancy-. 23 24 

election of, for new districts 28 28 

when changed from second to first-class district; 
who constitute 42 37 

when joint district formed, from first-class district 
uniting with lower class; who constitute 29 29 

board of, elected annually in each district; number; 
elect officers; powers 41,44 36,38 

order more than one voting place in first-class dis- 
tricts • 44 38 



152 



INDEX. 



DIRECTORS— Continued Sec. 

candidate for, in first and second-class districts 45 

qualify in 20 days; take oath; bond; failure 47 

fill vacancy in boards of flrst-class districts 48 

power to make by-laws 48 

hold regular, special or adjourned rneeting-s 50 

employ and discharge teachers, etc., fix wages; de- 
termine rate of tuition; fix compensation of secre- 
tary 51 

enforce rules and regulations of state superin- 
tendent 51 

powers and duties 51 

provide books for indigent children; furnish free 
text books, when; require pupils to be furnished 

with 51 

other than secretary, receive no compensation 51 

determine number of teachers; length of school; 

time of opening and closing schools 51 

fix course of study, exercises, text books, etc 51 

hold real estate and personal property in trust 51 

may purchase or sell school lots 51 

provide school furniture and supplies for school 

board 51 

rent, repair and insure, build or remove school 

houses 51 

require teachers to conform to law 51 

suspend or expel pupils; exclude from school 51 

admit pupils from adjoining districts 51 

make report to state superintendent 51 

to county superintendent 51 

establish district high school; powers; build or lease 

building 52 

not employ teachers without certificate 60 

call special meeting in districts of third class 62 

levy special tax for expenses of school 64 

certify necessary levy for special fund 67 

may order levy for library. . .' 67 

not reconsider levy of special tax 70 

not use general fund for buildings or lots, exception. 71 

designate branches to be taught in schools 78 

may admit adults and non-residents to public 

schools 77 

may appeal from county superintendent 88 

issue bonds ; interest 90 

dispose of balance of special tax , 92 



Page. 

39 
41 
42 
42 
43 



43 
43 

43 
43 

44 
44 
44 
44 

44 

44 
44 
44 
45 
45 
45 

45 
51 
53 
55 
56 
57 
60 
60 
63 

63 
69 
71 
72 



INDEX. 153 

DIRECTORS— Continued. Sec. Page. 

may refund bonded indebtedness 99 75 

not interested in contract for district 1 77, 7S 

designate text books for study of alcoholic drinks 
and narcotics; enforce laws; make proper pro- 
visions for instruction 1,2 79 

furnish clothing to indigent children - 2 82 

prosecute violation of compulsory education law; 

failure; penalty 4 83 

in districts of first and second class appoint truant 

officer 5 86 

may purchase flag, flagstaff; pay for 1,2,3 103-104 

may establish and maintain kindergartens 1 106 

elect high school committee; fill vacancy 2,3 110-111 



DISMISSAL— 

of teacher, for good cause 60 51 

DISPLAY— 

of American flag 1,2 103-104 

of other than United States flag; penalty 1, 2 105.106 

DISTRICTS— 

county superintendent keep record of boundaries of 24 25 

census list of new 27 27 

organization of, from portions of old 27, 2S 27,28 

county superintendent transfer persons 2S 28. 

of first class, how divided 2S 28 

two or more contiguous, how united 29 29 

annulled by county superintendent 30 30 

funds for new 30 30 

joint, organization of 31 30 

apportionment of general fund in new districts 

formed from old 32 31 

property and moneys of new district formed from 

old 32 32 

having children attending union high school support 37 34 

contributing to high school, election of committee.. 39 35 

declared body corporate; hold property 40 35 

annual election in; notice; more than one voting 

place in first class 41, 44 36, 38 

board of directors of different classes; officers 41 36 

classification of 41 36 



154 INDEX. 

DISTRICTS— Continued. Sec. Page. 

change from second to first class; board of directors 42 37 

legal school, defined 42,43 37,38 

candidate for director in first and second class 45 39 

take and hold real estate ; amount 49 42 

high school in first and second class 52 45 

vote to build or lease building for high school 52 45 

expenses of, secretary keep account of 56 49 

special meeting of, in third class 62 53 

of third class; powers of electors 63 53 

third class, limit for special tax 67 56 

property in, on May first assessed 67 57 

not reconsider levy of special tax 70 60 

maintain school three months; failure; no funds 75 62 

coupon bonds of, issued 90 71 

of first and second class call special meetings to 

vote on bonds 90 70 

change in boundary line of, not release property 

from bond tax 95 74 

children in first and second class, must be educated 1 84 
not having accommodations to seat children; com- 
pulsory education act not apply 11 90 

DISTRICT HIGH SCHOOL— 
See "High School." 

DUTIES— 

of state superintendent of public instruction 8,9,10 14,15,16 

of county superintendent 20 23 

of union high school committee .• 36 34 

of truant officer 5 86,87 

of high school committee..... 5 111,112 

DIVISION— 

of school funds upon formation of new district; 

basis 32 32 

EDUCATION— 

See "Compulsory Education." 

of children, compulsory 1-2 81-82 



INDEX. 



155 



ELECTION- Sec. Page. 

of superintendent of public instruction <> 14 

of county superintendent 13 18 

of union high school committee 33, 39 32, 35 

of school directors annually; different classes of 

districts; officers of board; by ballot 41,44 36,38 

judges of, who shall constitute 45 40 

to contract debt; who vote 45 40 

counting of votes 46 40 

none held at regular time, special called; no notice; 

void 46 41 

to vote to build or lease building for high school 52 45 

ELECTOR— 

qualifications of ; sex 45 39 

at election to contract debt 45 40 

powers of in meetings in third-class districts 63 53 

determine amount of indebtedness 90 71 

vote for refunding bonds 102 77 

to establish high school 1 110 

upon increase of high school tax 8 113 

EMPLOYER— 

hiring children under 14 years; proof 2 85 

furnish evidence of attendance or instruction of 

minor employed by him 3 86 

ENDORSEMENT— 

of warrants by county treasurer 68 57 

ENGLISH LANGUAGE— 

taught in public schools 78 63 

EXAMINATION— 

for state diploma 4 13 

by county superintendent 15 19 

for teachers in schools of high grade 15 20 

other than at county seat 15 20 

in districts of first class 16 21 

record of by county superintendent 16 21 



J'age. 

34 

70 

99 

,]0(j 



150 INDEX. 

EXAMINATION— Continued. Sec. 

for admission to union liigh school 3() 

of applicant upon appeal to state board '8H 

for diploma of state normal school. 10 

of kindergarten teachers 1 

EXAMINATION OF TEACHERS— 
See "Examination." 

EXAMINERS— 

for state diplomas ' 4 

EXECUTIVE COMMITTEE— 

of normal institutes; how appointed; duties; report; 
transmit funds 81 

EXPENSES— 

of superintendent of public instruction 10 17 

of district, secretary keep account of 56 49 

of school paid by special tax, when 64 55 

^ of normal institute, how paid 81 65,66 

of trial and transportation of juvenile disorderly 

person; county pay 7 89 

of purchasing and displaying flag 3 

EXPIRATION— 

of certificate during term 60 ■ 

EXPULSION— 

of pupils, by school board : 51 

FACULTY- 

of state normal school, trustees appoint; remove... 5 

FAILURE— 

of county treasurer to pay over moneys collected — 66 

FEE— 

registration, for normal institute 81 

for admission to state normal school 8 

applicant for teacher's certificate, pay Sla 



13 



65 



104 



51 



44 



97 



INDEX. 157 

FINANCES— Sec. Page. 

secretary render statement of 57 50 

of school district, treasurer make statement 58 50 

FINES— 

See "Penalty." 

for violation of school law, where paid; for violation 
of injunction, mandamus, contempt, etc.; breach 
of penal laws; lost goods and estrays, payable to 

county school fund — C9 59 

for being interested in contract 2 78 

for violation of compulsory education laws 1,9 81-89 

collected by justice of the peace, payable to school 

fund 1 107 

FLAG— 

may be purchased; displayed; injury to 1,2,5 103-104 

of United States alone displayed on public build- 
ings; exception 1 105 

FORFEITED— 

money by any district 26 26 

FORFEITURES— 

for violation of school law, where paid; county 

treasurer place to proper credit 69 59 

for failure to m.aintain school 75 62 

FORMS— 

state superintendent print, and furnish 9 15 

for making reports, etc., printed with school law — 9 16 

oath of school officers 1 120 

county superintendent's bond 2 121 

petition to form a new district 3 122 

notice of formation of a new district 4 124 

notice of meeting for organization of new district... 5 125 

bond of "district treasurer or secretary 6 126 

request for special meeting by ten legal voters 7 127 

notice of special meeting S 128 

notice of annual meeting 9 128 

record of meeting for organization of district 10 129 

record of regular or special meetings 11 130 

notification of apportionment by county superin- 
tendent 12 132 

teacher's contract with directors .. 132 



158 INDEX. 

FUNDING— Sec. Page, 

floating debt ; bonds for 90 7 L 

FUNDS— _ 

amount of state school 10 16 

apportionment of 11 17 

distribution 11 17 

county superintendent apportion general school 

fund of county 19 23 

of united districts, county treasurer transfer — — 29 29 

for new district 30 30 

division of, upon formation of new district 32 31 

to new district - 32 32 

FUND— - ; 

for union high school; deficit 37 35 

treasurer publish statement of district 47 41 

penal, paid to county treasurer 69 59 

items of 69 59 

general school, not used for buildings, lots, etc 71 60 

apportionment of general; when annual report and 

census list are not .filed 74 61,62 

forfeiture of, by district, when 75 62 

for the redemption of bonds ._ 93 73 

apportioned to state normal school 4 97 

for state normal school, general assembly appro- 
priate ^ 15 100 

special school, for maintaining kindergartens 1 106 

city treasurer pay over all moneys in school 2 108 

state normal institute 81b 67 

FURNITURE— 

school board provide 51 44 

GENERAL ASSEMBLY— 

appropriate funds for state normal school 15 100 

GENERAL SCHOOL FUND— " 

See "Fund." 



GERMAN— 

taught in public schools, when. 



INDEX. 159 

GOVERNOR- Sec. I'age. 

issue proclamation for arbor day : H SO 

appoint trustees of state normal school 3 9G 

GRADES— 

of certilicates by county superintendent .10 20 

GROUND— 

bonds for purchasing school 90 70, 71 

for state normal school, trustees provide 6 97 

GUARDIAN— 

of truant child fined ; imprisoned " G 87, 88 

GYMNASTICS— 

taught in public schools, when 7S 63 

HEARING— 

by county superintendent upon appeal 87 69 

HIGH SCHOOL— 

establishment of union; location; open to whom 33 32 

in districts adjacent to town or city in counties of 

fourth and fifth class 1-6 115-117 

committee of 33 33 

maintenance 37 34 

school board may establish in first and second- 
class districts 52 45 

in counties of fourth and fifth class; establish- 
ment of 1 110 

HIGH SCHOOL COMMITTEE— 

See "Hig-h School." 

meetings 35 34 

boards of directors elect; number; officers, terms of 

offlce; vacancy; meetings; powers; duties 2-5 110-111 

prescribe terms of admission to high school 6 112 

HIGH SCHOOL FUND— 
See "Fund." 



63 



63 



40 



160 iiNi)i']X. 

HIGH SCHOOL TAX— So-. I'age. 

See "Tax." 

HOLIDAYS— 

what days are '■> 64 

in public schools, arbor day made ii SO 

HUMANE TREATMENT OP ANIMAI^S— 

to be taught in public schools 7S 

HYGIENE— 

taught in public schools 78 

ILLEGAL— 

voting, punished 45 

IMMORAL— 

books, papers, etc., excluded from schools and 
libraries 51 

INDEBTEDNESS- 

limit of bonded 90 

of school district refunded; new bonds issued in 
payment of 99 

INDIGENT— 

parent or guardian ; officer report 8 

INJURY— 

to flag ; penalty .' 5 

INSPECTION— 

secretary's books open for 57 

INSTITUTES— 

See "Normal Institutes.'" 

INSTITUTIONS— 

may purchase and display flag 4 



105 



50 



104 



INDEX. IGl 

INSURE— Sec. Page, 

school houses, school board may 51 44 

INTEREST— 

on school warrants ; when cease 68 58 

on school district bonds 90 71 

on bonds, special tax levied to pay 92 72 

on United States and state bonds 04 74 

on refunding bonds ; on new bonds 99 76 

rate of, on school orders and warrants; endorse- 
ment 1 113 

JOINT DISTRICTS— 
See "Districts." 

JUDGES- 

of election in first-class districts 44 39 

president, secretary and treasurer of school board 

act as 45 40 

administer oath to challenged voter 45 40 

count votes; declare results; transmit report 46 41 

of election administer oath 90 71 

JUDGES OF ELECTION— 
See "Judges." 

JUDGMENT- 

state board or county superintendent not render, for 
money 89 70 

JUSTICE OF THE PEACE— 

report amount of fines collected payable to general 
school fund 1 107 

JUVENILE DISORDERLY PERSON— 

who is 4 86 

commitment of 7 88 

KINDERGARTENS— 

school board may establish and maintain; age of 
children; part of public school system; cost of; 
teachers have diplomas 1 106 

6 



162 INDEX. 

LAWS— Sec. Page. 

See "School Laws." 

of state applied to Issuance of school district and 
refunding bonds 100 76 



LEVY- 



of taxes, failure to make; penalty 65 55 

of special tax not reconsidered 70 60 



LIBRART- 



immoral books, etc., excluded from school 51 44 

number of volumes in and amount raised for, stated 

in report of board 56 49 

directors may levy special tax for 67 57 



LICENSE- 



See "Certificate." 

state normal school diploma is, to teach 11 100 

LIMIT— 

of taxes for county school purposes 64 54 

of special tax in third-class districts 67 56 

of tax certified by high school committee 5 112 

of levy of taxes for school purposes; none 3 115 

LIMITATION— 

of bonded indebtedness. 90 71 

LOSS— 

to school district by neglect of treasurer 58 50 

LOTS— 

general fund not used for 71 60 

MAINTENANCE— 

of union high school ; length of school year 37, 38 34, 35 

of kindergartens; special school fund 1 106 

MALICIOUS PROSECUTIONS— 

under compulsory education law 5 83 



INDEX. 163 

MAP— Sec. Page. 

of boundaries of districts; county superintendent 

prepare 24 25 

MEETINGS— 

of state board of education 2 12 

for organization of new district 28 28 

for uniting districts 29 29 

of high school committee; special 35 34 

of board of directors; regular, special or adjourned.. 50 43 

to vote upon free text books 51 43 

of school board and district, pre.sident preside over.. 53 46 

secretary record proceedings of 55 47 

give notice of 56 4S 

of electors in third-class districts; officers 63 53 

special in districts of third class; petition; notice — 62 53 
for contracting bonded debt; special first and sec- 
ond-class districts 90 70 

of boards of directors of county 2 110 

of high school committee 4 111 

MISDEMEANOR- 

superintendent or officer failing to perform duty, 

guilty of 59 51 

failure to publish call for payment of school war- 
rants 6Sb 59 

person employing children during school hours, 

guilty of 1,3 81-82 

MILEAGE— 

of. county superintendents, county commissioners 

may allow; exception 14 118 



MONEY— 

amount of, received, expended, etc., by school board 56 49 

MONTH— 

school, what constitutes 79 63 

MUTES— 

secretary ascertain number of blind and deaf 54 46 



164 



INDEX. 



NARCOTICS— 

See "Alcoholic Drinks." 

effect of, taught in public schools 

nature and effects of taught in schools. 

NEGOTIABILITY— 

of school district bonds 

NON-RESIDENTS— 

admitted to public schools, when 

admitted to deaf and blind school 

NORMAL DISTRICTS— 

number of; boundaries 

NORMAL INSTITUTE FUND— 

See "State Normal Institute Fund." 
how created; hx)w disbursed ;... 



Sec. 


Page. 


78 


63 


1 


79 



91 



72 



63 
103 



81 



66 



NORMAL INSTITUTES— 

See "Institutes." ' 
state divided into districts; classification of coun- 
ties; annually; who conduct 81 64 

expenses of, how paid; registration fee; appropria- 
tion by county commissioners 81 65 

state normal institute fund 81b, 81c 67, 68 

where held; when; conductor; instructor 81 65 

NOTICE— 

of examination for state diploma.. 4 13 

thirty days before revocation of state diploma 5 13 

to county superintendent of apportionment of state 

school fund 11 ' 17 

of examination by county superintendent 15 19 

of meetings to organize new district from old 27 27 

of meeting to unite districts 29 29 

of annual election; how and where posted; pub- 
lished; failure to give 44 38 

of intention to be candidate for director; publica- 
tion of 45 39 

of special election; failure to give 46 .41 



INDEX. 



165 



NOTICE— Continued. 

of meetings, secretary give 

of special meeting in districts of third class 

of funds to pay warrants 

for presentation of school order for payment 

by county superintendent of appeal 

to adverse parties upon appeal 

of meeting to submit subject of contracting debt, 

secretar'y give 

to director of violation of compulsory education law. 
of meeting to fill vacancy in high school committee.. 



Sec. Page. 



56 


48 


62 


53 


6S 


57 


6Sa 


58 


85 


68 


85 


68 


90 


70 


4 


83 


3 


111 



JATH— 

of state superintendent of public instruction 7 

of county superintendent 13 

county superintendent administer to directors, etc... 22 

upon appeal 87 

of challenged voter 45 

of directors; filed 47 

president of state board of education administer 88 

administered to challenged voter 90 

of office, trustees of state normal school take 3 

OFFICE— 

of county superintendent, commissioners provide: 

kept open when 25 

OFFICER— 

duty, failing or refusing to perform 59 

not interested in public contract 1 

not deal in warrants 1 

of school failing to enforce act 2 

OFFICE SUPPLIES— 

of superintendent of public instruction 10 

OFFICERS— 

of new district from portions of old 28 

of union high school committee 33, 34 

of board of directors; term ; powers 41 

of county high school committee 2 



14 

18 
24 
69 
40 
41 
69 
71 
96 



25 



51 

77 
78 
79 



17 



28 

33, 34 

36 

111 



166 INDEX. 

OFFICIAL BOND— Sec. Page 

See "Bond." 

OMISSION— 

of county commissioners to levy school tax 65 55 

ORDERS— 

See "Warrants." 

upon county treasurer, president sign; drawn to per- 
son indebted 53 46 

secretary draw and countersign; keep register of 55 47 

county treasurer pay in order of registration; no- 
tice to present 6Sa 5S 

rate of interest on school ; endorsed on 1 113 

ORGANIZATION— 

of new districts from old 27, 28 27, 28 

of joint districts 31 30 

of board of directors in flrst-class districts 41 36 

PARENT— 

to be notified of proceedings to commit to parental 

or truant school .° 5 91 

pay expense of maintenance at truant school 7 93 

of truant child fined; imprisoned 6 87 

PARENTAL, OR TRUANT SCHOOLS— 

to be established when, where 1, 12 90, 95 

child committed to, by county court on petition 5, 6 91, 92 

building; site; location 2 90 

under control of board of education of city where 

established 2-S 90-93 

furniture, fixtures, etc 2 90 

powers and duties of officers; course of instruction; 

teachers 3 91 

no religious instruction in; regulation to be made for 

religious training 4 91 

parole from 8 93 

discharge 9 94 

violation of parole, recommitted 10 94 

incorrigible child committed from, to juvenile re- 
formatory 11 94 

expense of maintenance of inmates; how paid 7 93 



INDEX. 



16i 



PETITION— 

for organization of new district 

to annex or detach territory to district 

for special meeting in districts of third class 

of voters to submit question of bonded debt 

to submit question of county high school; contents., 
to commit child to parental or truant school; con- 
tents ; verification 



Sec. Page. 



:;9 


19 


G2 


53 


90 


70 


1 


no 



91 



PENAL FUND— 
See "Fund." 



PENALTY— 

for failure of county superintendent to report 21 

of secretary to make report 56 

of treasurer to perform duties; turn over 

moneys, etc 58 

for teaching without certificate CO 

for failure to file register 61 

to levy school tax 65 

of county treasurer to pay over tax 66 

for superintendent or officer failing to perform duty. 59 
for failure to publish call for payment of school 

warrants 6Sb 

to pay over fines collected 69 

to comply with law on alcoholic drinks and 

narcotics 2 

for violation of school law, where paid 69 

for being interested In contract 2 

for employing children during school hours; viola- 
tion of compulsory education law; director fall- 
ing to prosecute 1, 3, 4 

of employer failing to compel instruction of minor 

in his employ 1, 3 

for violating compulsory education law 9 

for displaying lother "than United States flag 2 

PERSONAL PROPERTY— 

school board hold in trust 51 

PERSONS— 

of school age stated in report of board 56 



24 
49 

50 
51 
52 
55 
56 
50 

59 
59 

79 
59 

78 



81, 83 

84, 86 

89 

106 



168 INDEX. 

PLACE— Sec. 

of holding annual election 44 

of holding normal institutes 81 

POWERS— 

of union high school committee 36 

of board of directors in districts of first and second 

class 41 

of directors to make by-laws 48 

over district high schools 52 

of electors in districts of third class 63 

of truant officer • . ■ 5 

of high school committee 5 

PREMIUM— 

on district bonds issued under territory 93 

PRESENTATION— 

of school orders for payment 68a 

PRESIDENT- 

of school board act as judge of election 45 

administer oath to directors 47 

preside at meetings of school board and district 53 

sign orders on county treasurer; appear in suits 53 

of directors sign bond 97 

of trustees of state normal school, duties 9 

PRESIDENT OF STATE AGRICULTURAL COLLEGE— _ 

member of board of examiners 4 

PRESIDENT OP STATE BOARD OF EDUCATION— 

administer oaths upon appeal; render decision 88 

PRESIDENT STATE NORMAL SCHOOL— 

member of state board of examiners 4 

assist in fixing time and place of holding normal 

institutesi • 81 

sign report 16 

PRESIDENT OF STATE SCHOOL OP MINES- 

member of board of examiners 4 



Page. 

38 

65 



58 



69 



13 



65 
102 



INDEX. 169 

PRESIDENT OF STATE UNIVERSITY— Sec. Page, 

member of board of examiners 4 13 

PRINCIPAI-— 

of state normal school, member of examining- board 10 99 

PRINTING— 

of school laws; how paid 9 16 

PROPERTY— 

annexed to district liable to bond tax ~ 95 74 

of new district formed from old 32 32 

PUBLICATION— 

of notice of annual election 44 38 

of statement of district funds in first-class districts 47 41 
of call for payment of school warrants; failure; 

penalty GSb 59 

PUBLIC SCHOOL INCOME FUND— 

See "Funds." 

PUBLIC SCHOOL— 

See "School." 

taught m English language; branches 78 63 

of Central City organized under general school law 1 108 

of city of Black Hawk 1 109 

PUNISHMENT— 

of illegal voting 45 40 

PUPILS— 

school board require, to be furnished with books — 51 44 

suspend or expel; exclude, under six years 51 44 

admitted from adjoining districts 51 45 

number in school; number enrolled; attendance 

stated in report of board 56 49 

QUALIFICATIONS— 

of applicant for state diploma 3,4 12,13 

of teachers 15,16 19,20 

for admission to union high school SU, 38 34, 35 

of voters at school election 45 39 

at election to contract debt 45 40 

to issue bonds 90 70 



15, 20 



170 INDEX. 

QUALIFICATIONS— Continued. Sec. Page. 

for admission to district high school 52 45 

of conductor or instructor of normal institute 81 65 

for admission of students to state normal school... 7, 8 98 

QUESTIONS— 

for examination of teachers prepared by state su- 
perintendent 8, 16 

REAL ESTATE— 

district take and hold; amount 49 

school board hold, in trust 51 

RECOMMENDATION— 

of state board of examiners 4 

of state superintendent of public instruction 10 

RECORDER— 

of county register bonds 91 

RECORDS— 

of county superintendent's office open to inspection 20 

of organization of new districts 28 

of transactions of truant officer 5 

REDEMPTION— 

of bonds; manner 92, 93 

of refunding bonds ; of new bonds 99 

REFUNDING- 

bonded indebtedness of school district 99 

REGISTERS— 

state superintendent print and furnish 9 15 

teacher keep daily ; file with secretary 61 52 

additional, kept by teacher 61 52 

REGISTRATION FEB— 
See "Fee." 

REGISTRY— 

of school district bonds, when; how 91 72 



72-74 
75, 76 



75, 76 





171 


Sec. 


Page. 


4 


91 


4 


91 



INDEX. 

RELIGION^ 

instruction in not to be given in parental or truant 

school 

inmates of such school may receive training in 

REMOVAL— 

of officer or teacher; when 2 79 

RENT— 

school houses, school board ma>- 51 44 

REPAIR— 

school houses, school board may 51 44 

REPORT— 

biennial, of superintendent of public instruction 10 16 

of certificates granted by directors of first-class dis- 
tricts 

annual of county superintendent •. 

penalty for failure of county superintendent to 
make 

of election; judges make and transmit 

of school board, annual 

to state superintendent 

secretary preserve copies of 

make annually; what contain 

county superintendent make annual, of arbor day... 

of trustees of state normal school, contents; verifi- 
cation 

of fines collected by justice of peace 

of county treasurer of amount of fines received 

REVOCATION— 

of state diploma 5 13 

of certificates by count.v superintendent 16 21 

RULES— 

state board of education adopt 

of state superintendent, school board enforce 

of meetings in third-class districts 



16 


21 


18 


22 


21 


24 


46 


40 


51 


45 


51 


45 


55 


47 


56 


48 


3 


80 


16 


101 


1 


107 


2 


107 



2 


12 


51 


43 


63 


54 



51 


. 44 


76 


62 


75 


62 


77 


63 


6 


83 



172 INDEX. 

RULES AND REGULATIONS— Sec. Page. 

See "Rules." 

SALARY— 

of assistant librarian of state library 12 18 

of faculty of state normal school 5 97 

of county suiDerintendents 14 117, 118 

SCHOOL— 

See "Public School." 

school board exclude immoral books, etc., from — 

public, defined 

must be maintained three months; failure 

public, open to children of school age 

attendance at night 

SCHOOL AGE— 

defined 80 64 

SCHOOL BOARDS— 

See "Directors." 

powers and duties 51 43 

SCHOOL BUILDINGS— 
See "Buildings." 

SCHOOL CENSUS— 
See "Census." 

SCHOOL DAT— 

what constitutes 79 64 

SCHOOL DISTRICTS— 

See "Districts." 

organized in city of Central under general law 1 108 

in city of Black Hawk 1 109 

SCHOOL DISTRICT BONDS— 
See "Bonds." 



INDEX. 1T3 

SCHOOL, FUND— . Sec. Page. 

county treasurer make annual statement of 26 2G 

basis of apportionment of i2, 73 61 



SCHOOL FURNITURE— 
See "Furniture." 

SCHOOL FOR DEAF AND BLIND— 

located at Colorado Springs; is body corporate-; pu- 
pils; non-residents 1. 2. 3 102, 103 

SCHOOL GROUNDS— 

creating- debt to purchase 45 40 

SCHOOL HOUSES— 

of new district formed from old 32 31 

school board may rent, repair. Insure, build or re- 

move "'^ 

number and value, stated in report of board 56 49 

site of, fixed by electors in third-class districts 63 53 

sale of, by electors in third-class districts 63 54 

SCHOOL LAWS— 

published by superintendent of public Instruction... 9 16 

how distributed 9 ^^ 

SCHOOL LOTS— 

school board may purchase or sell 51 44 

SCHOOL MONTH— 
See "Month." 

SCHOOL PROPERTY— 

of city of Central transferred 3 108 

SCHOOLS— 

school board fix time for opening and closing 51 44 

number of, stated in report of board 56 49 



174 INDEX. 

SCHOOL YEAR— Sec. Page. 

See "Year." 

SEAL— 

of district attached to bonds 97 75 

of trustees of state normal school 2 96 

SECRETARY OP HIGH SCHOOL COMMITTEE— 

give notice of meeting 3 111 

SECRETARY OF SCHOOL BOARD— 
See "Secretary." 

SECRETARY— 

give notice of annual election; failure 

publish or post notice of candidates for directors.. 

furnish ballots 

act as judge of election 

school board fix compensation 

\ preside in absence of president 

ascertain number of blind and deaf mutes 

give bond; conditions; approval; where filed 

record proceedings of meetings; preserve copies of 
reports; file papers; draw and countersign war- 
rants and orders; keep register of orders 55 47 

notify county superintendent of names and ad- 
dresses of new officers of board 55 47 

take census, annually; forward to county superin- 
tendent ; copy 

give notice of all meetings...- 

make and file annual report 

keep account of expenses 

render statement of finances 

failure to file report and census list 

file transcript in office of county superintendent; 
certify it ' S5 6S 

SECRETARY OP STATE NORMAL SCHOOL— 

sign report 16 102 

SECRETARY OP TRUSTEES— 

of state normal school, bond; duties 9 99 



44 


3S 


45 


39 


45 


39 


45 


40 


51 


43 


53 


46 


54 


46 


55 


47 



55 


4S 


56 


48 


56 


. 48 


56 


49 


57 


50 


74 


61 



INDEX. 175 

SECRETARY OF STATE— Sec. Page, 

member of state board of education 1 12 

SEX— 

no disqualification to vote at school election 45 39 

SPANISH— 

taught in public schools, when 78 63 

SPECIAL BUILDING FUND— 

See "Fund;" "Special Tax." 

SPECIAL SCHOOL TAX— 
See "Special Tax." 

SPECIAL TAX— 

amount of, for support of schools, etc 

to pay school expenses; when commissioners levy, 
directors certify amount commissioners levy; pay- 
able in cash 

not reconsider levy of 

to pay interest on bonds; cash 

STATE AUDITOR— 

approve bond of state superintendent of public in- 
struction 

draw warrant for printing school laws 

for state school funds 

STATE BOARD OF EDUCATION— 

See "Board of Education." 

not render judgment for money 89 

STATE BOARD OF EXAMINERS— 
See "Examiners." 

STATE BONDS— 
See "Bonds." 

STATE DIPLOMAS— 
See "Diplomas." 



56 


49 


64 


55 


67 


57 


70 


60 


92 


72 



7 
9 


14 
16 


11 


18 



176 INDEX. 

STATE NORMAL INSTITUTE FUND— ' Sec. Page. 

how constituted 81b 67 

apportioned ; used 81c 67, 68 

STATE SCHOOL FUND— 
See "Funds." 

STATE NORMAL SCHOOL— 

established at Greeley; purpose; control of; part 
of public school system; funds; power of trustees; 
grounds; building; students; diplomas; report 1-10 95-99 

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION— 

See "Superintendent of Public Instruction." 

may annul license to teach 11 100 

STUDENT— 

qualifications for admission to state normal school; 
sign statement to teach in public schools 7,8 98 

STUDY— 

See "Course of Study." 

of alcoholic drinks and narcotics 1 79 

courses of, in state normal school 5 97 

SUIT— 

to recover fines, penalties and forfeitures 69 59 

SUPERINTENDENT— 

neglecting to perform duties; no compensation ,. 59 50 

SUPERINTENDENT OP PUBLIC INSTRUCTION— 

member and president of state board of education.. 1 12 

board of examiners 4 13 

when elected; term 6 14 

oath and bond 7 14 

ofHce; duties; powers; prepare examination ques- 
tions; furnish blanks 8, 9, 10 14, 15, 16 

render decisions upon school laws 8 15 

furnish registers and blank books 9 15 

approve bills for printing school laws 9 16 



INDEX. 177 

SUPERINTENDENT OF PUBLIC INSTRUCTION— Sec. Page. 

Continued. 

certify to state treasurer for blanks, etc 9 16 

publish school laws 9 16 

supervision of county superintendent and public 

schools 9 16 

biennial report 10 16 

traveling expenses ; how paid 10 17 

visit schools 10 17 

apportion state school fund; certify 11 17 

direct apportionment of general fund, when 74 61 

assist in fixing time and place of holding normal 

institutes 81 65 

certify to state auditor number of persons attend- 
ing normal institute 81 66 

promote observance of arbor day 3 80 

member of board of trustees of state normal school.. 3 96 

fix bond for secretary of state normal school 9 99 

member of examining board of state normal school.. 10 99 

publish flag act with school law 6 106 

pay examination fees to state treasurer 81b 67 

apportion state normal institute fund SOc 67, 68 

SUSPENSION— 

of pupils by school board 51 44 

TAX— 

amount of fixed by electors in third-class districts.. 63 53 

to pay principal of bonds ; interest 92 72 

limit of amount of, certified to county commissioners 5 112 

limit of levy for high school; collection; paid out — 7 112 

levy for high school increased 8 113 

not to be increased beyond legal rate to provide for 

parental or truant school 2 91 

TAXATION— 

no limit of rate for school purposes 3 115 



TAXES- 



county commissioners levy county school; basis; 

limit 64 54 

county school, paid in cash 64 54 

county treasurer certify amount collected and un- 
collected 66 56 

for library; special school fund 67 57 

to pay bonds ; commissioners levy 101 77 



178 



INDEX. 



TEACHERS— 

granted state diplomas 

examination of, for state diploma , 

examination of 

employed and discharged by school board 

board require, to conform to law 

school board determine number 

number employed stated in report of board; amount 

paid 

have license to teach ; forfeit compensation 

dismissal of, for cause only 

duties; keep register; make abstract of summaries, 
file with secretary 

keep additional records and register 

principal, notify county superintendent of beginning 

and close of term 

of kindergarten, have diplomas 

pay examination fee 



Sec. Page. 



, 4 


12, 13 


3 


12 


15 


19 


51 


43 


51 


44 


51 


44 


56 


49 


60 


51 


60 


51 


61 


52 


61 


52 


61 


52 


1 


106 


81a 


67 



TEACHERS' NORMAL INSTITUTES— 
See "Normal Institutes." 



TERM— 

of office of superintendent of public instruction 

of county superintendent 

of office of directors in new district 

of union high school committee 

of officers of school board 

of school directors 

of directors appointed to fill vacancy in first- 
class district 

of trustees of state normal school 

of high school committee. 

of school, school board fix length of 

of school year of union high school 

TERRITORY— 

annexed to or detached from district 

TESTIMONY— 

taken upon appeal from directors 

none taken upon appeal from county superintendent. 



6 


14 


13 


IS 


28 


28 


34 


33 


41 


36 


41 


3G 


48 


42 


3 


96 


3 


111 


51 


44 


38 


35 



INDEX. 179 

TEXT BOOKS— Sec. Page. 

when furnished free 51 43 

school board designate kind; not change; exception.. 51 44 

T IE- 
vote at regular election 46 40 



TIME— 

of holding normal institutes 81 65 

TRANSCRIPT— 

of record upon appeal to county superintendent 85 68 

of proceedings before county superintendent 88 69 

TREASURER OF SCHOOL BOARD— 

See "Treasurer." 

give bond; publish statement of district funds in 
first-class districts 47 41 

act as judge of election 45 40 

countersign and keep account of warrants; take 
charge of moneys; pay same out; render state- 
ment; failure to perform duties 58 50 

failure to publish call for payment for school war- 
rants; misdemeanor GSb 59 

of school district advertise; pay district bonds; pur- 
chase territorial bonds; premium; invest funds- in 
United States bonds; record; collect interest cou- 
pons; turn over proceeds 92, 93. 94 72-74 

TRUANT— 

habitual to be brought before county court 5 91 

committed to parental or truant school ; appeal 6 92 

expense of, how paid 7 , 93 

TRUANT OFFICER— 

directors in first and second-class districts appoint; 

compensation; powers; duties; record 5, 6 86-88 

make complaint to county court 6 87 

report indigent parents or guardian 8 89 

duty under parental or truant school act 5 91 



180 INDEX. 

TRUSTEES— Sec. Page, 

of state normal school, number; powers; governor 
appoint; term of office; oath; appoint faculty; 
provide grounds, buildings, apparatus, etc.; pre- 
scribe qualifications of students 2, 3, 5, 6 95-97 

of state normal school, officers of; bond of secretary; 
compensation; receive and hold money and prop- 
erty ; report 8-16 98-102 

TUITION— 

school board determine rate, for non-residents 51 43 

TUITION FEB— 

not exacted from resident of county for high school.. 6 112 

UNION HIGH SCHOOL— 
See "High School." 

UNITED STATES BONDS— 
See "Bonds." 



VACANCY— 

in office of county superintendent, how filled 

of school director, how filled 

of union high school committee; how filled. 

of school director 

in judges of election; how filled 

in boards of first-class districts 

in boards of directors, absence may work 

in high school committee; how filled 

VIOLATION— 

of compulsory education law ; penalty 

VISITS— 

of superintendent of public instruction 

VOTE— 

of elector rejected, when 



14 


19 


23 


24 


34 


33 


47 


41 


45 


40 


48 


42 


53 


46 


3 


111 



10 



17 



INDEX. 



VOTER- 



Sec. 


Page. 


44 


38 


90 


71 



See "Elector." 

two may give notice of annual election 

upon issuance of bonds; challenge 

WAGES— 

school board fix amount of and pay 

WARRANTS— 

See "Orders." 

secretary draw and countersign 

treasurer countersign and keep account of 

not drawn for payment of delinquent officer 

endorsed by county treasurer, listed; draw interest; 
paid 68 

in excess of tax levy, unlawful 68 

failure of county treasurer to publish call for pay- 
ment of 

rate of interest on school; endorsed thereon 

officer not deal in 



YEAR— 

school, begin; end 79 63 



55 


47 


58 


50 


59 


51 



68b 


59 


1 


113 


1 


78 



.^ 'n.q 



